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2022 05 03 CouncilCITY COUNCIL AGENDA Page 1 of 8 MAY 3, 2022 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, MAY 3, 2022 3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION ****************************** SPECIAL NOTICE Teleconferencing and Telephonic Accessibility In Effect Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the public, the City Council, the City Manager, City Attorney, City Staff, and City Consultants may participate in this regular meeting by teleconference. Members of the public wanting to listen to the open session of the meeting may do so by tuning-in live via http://laquinta.12milesout.com/video/live.   Members of the public wanting to address the City Council, either for a specific agenda item or matters not on the agenda are requested to follow the instructions listed below: Written public comments – can be provided in-person during the meeting or emailed to the City Clerk’s Office at CityClerkMail@LaQuintaCA.gov preferably by 2:00 p.m. on the day of the meeting, and will be distributed to the City Council, incorporated into the agenda packet and public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request. City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA Page 2 of 8 MAY 3, 2022 The email “subject line” must clearly state “Written Comments” and list the following: 1) Full Name 4) Public Comment or Agenda Item Number 2) City of Residence 5) Subject 3) Phone Number 6) Written Comments *** TELECONFERENCE PROCEDURES *** Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/j/82540879912 Meeting ID: 825 4087 9912 Or join by phone: (253) 215 – 8782 It would be appreciated that any email communications for public comments related to the items on the agenda, or for general public comment, are provided to the City Clerk’s Office at the email address listed above prior to the commencement of the meeting. If that is not possible, and to accommodate public comments on items that may be added to the agenda after its initial posting or items that are on the agenda, every effort will be made to attempt to review emails received by the City Clerk’s Office during the course of the meeting. The Mayor will endeavor to take a brief pause before action is taken on any agenda item to allow the City Clerk to review emails and share any public comments received during the meeting. All emails received by the City Clerk, at the email address above, until the adjournment of the meeting, will be included within the public record relating to the meeting. ****************************** CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda by providing written public comments either in- CITY COUNCIL AGENDA Page 3 of 8 MAY 3, 2022 person or via email as indicated above; or provide verbal public comments either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/82540879912 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit it to the City Clerk. Please limit your comments to three (3) minutes (or approximately 350 words). The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. CONFIRMATION OF AGENDA CLOSED SESSION 1.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON MAIN STREET, EAST OF DESERT CLUB DRIVE (WESTERLY PORTION); APNS: 770-123-011 AND 770-124-010 CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER NEGOTIATING PARTY: WELLS MARVIN UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON AVENIDA LA FONDA, EAST OF DESERT CLUB DRIVE; APNS: 770-125-003, 770-125-002 CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER NEGOTIATING PARTY: NINO ROSINI UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY MANAGER RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE CITY COUNCIL AGENDA Page 4 of 8 MAY 3, 2022 PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda by providing written public comments either in- person or via email as indicated above; or provide verbal public comments either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/82540879912 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit it to the City Clerk. Please limit your comments to three (3) minutes (or approximately 350 words). The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. TALUS – PROJECT STATUS UPDATE 2.LA QUINTA ART CELEBRATION – MARCH 2022 – EVENT SUMMARY REPORT CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MEETING MINUTES OF APRIL 5, 2022 9 2. APPROVE MEETING MINUTES OF APRIL 19, 2022 19 3. ADOPT RESOLUTIONS (A) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, AND (B) REQUESTING RIVERSIDE COUNTY CONSOLIDATE THE NOVEMBER 8, 2022, MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION [RESOLUTION NOS. 2022-009 & 2022-010] 25 4. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) 31 5. AWARD CONTRACT TO URBAN HABITAT FOR CONSTRUCTION OF THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NO. 2016-03F, LOCATED AT THE LA QUINTA TOPAZ DEVELOPMENT, ON 37 CITY COUNCIL AGENDA Page 5 of 8 MAY 3, 2022 THE SOUTH SIDE OF MILES AVENUE AND WEST SIDE OF DUNE PALMS ROAD 6.APPROVE PURCHASE OF FOUR ADVANCED TRAFFIC CONTROL CABINETS FROM ECONOLITE 45 7. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 29283, RANCHO LA QUINTA, A RESIDENTIAL DEVELOPMENT LOCATED NORTH OF AVENUE 50 AND EAST OF MOON RIVER DRIVE 51 8. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2022 59 9. APPROVE DEMAND REGISTERS DATED APRIL 15 AND 22, 2022 65 10. ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR EISENHOWER DRIVE FROM AVENUE 50 TO WASHINGTON STREET [RESOLUTION NO. 2022-011] 81 11. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE UP TO $150,000 OF MATERIALS FOR FISCAL YEAR 2021/22 91 12. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH ST. FRANCIS ELECTRIC FOR ON-CALL TRAFFIC SIGNAL REPAIR SERVICES 93 13. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE MACIAS NURSERY, INC. TO PURCHASE UP TO $100,000 OF PLANT MATERIALS FOR FISCAL YEAR 2021/22 99 BUSINESS SESSION PAGE 1. APPROVE GOLD STAR FAMILY MONUMENT DESIGN AND ART PURCHASE AGREEMENT WITH SELECTED ARTIST FOR THE DESIGN AND BUILD OF THE MONUMENT, APPROPRIATE ADDITIONAL FUNDS 101 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH IN-SITE LANDSCAPE ARCHITECTURE, INC. TO PROVIDE MASTER PLANNING SERVICES FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02, LOCATED AT THE CORNER OF AVENUE 52 AND AVENIDA BERMUDAS 133 CITY COUNCIL AGENDA Page 6 of 8 MAY 3, 2022 3. APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF: 1) AVENUE 50 WIDENING IMPROVEMENTS PROJECT NO. 2022-05, 2) JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT 2022-07, AND 3) JEFFERSON STREET SLURRY IMPROVEMENTS PROJECT 2021-17; AND APPROPRIATE FUNDING FOR JEFFERSON STREET SLURRY IMPROVEMENTS 183 STUDY SESSION PAGE 1. DISCUSS SHORT-TERM VACATION RENTAL PROGRAM 2021 AND FIRST QUARTER 2022 CHARACTERISTICS, COMPLIANCE AND ENFORCEMENT OVERVIEW 207 2. DISCUSS CITYWIDE PUBLIC SAFETY CAMERA SYSTEM PHASE 1 RECAP AND PHASE 2 PROPOSED IMPROVEMENTS 219 PUBLIC HEARINGS – NONE DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES – QUARTERLY REPORT JANUARY – MARCH 2022 225 5. DESIGN AND DEVELOPMENT 6. FINANCE 7. PUBLIC WORKS 8. POLICE – QUARTERLY REPORT JANUARY – MARCH 2022 231 9. FIRE – QUARTERLY REPORT JANUARY – MARCH 2022 233 MAYOR’S AND COUNCIL MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) CITY COUNCIL AGENDA Page 7 of 8 MAY 3, 2022 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi) 12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick) 15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 16. CVAG PUBLIC SAFETY COMMITTEE (Peña) 17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 18. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 19. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (Peña) 20. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña) 21. COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD HOC COMMITTEE (Peña and Radi) 22. CVAG TRANSPORTATION COMMITTEE (Radi) 23. SUNLINE TRANSIT AGENCY (Radi) 24. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi) 25. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez) 26. ANIMAL CAMPUS COMMISSION (Sanchez) 27. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez) 28. LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE (Sanchez) 29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 30. HOUSING COMMISSION MEETING MINUTES DATED MARCH 9, 2022 237 31. FINANCIAL ADVISORY COMMISSION MINUTES DATED FEBRUARY 9, 2022 241 32. PALM SPRINGS AIRPORT COMMISSION MINUTES DATED APRIL 15, 2022 245 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on May 17, 2022, at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 CITY COUNCIL AGENDA Page 8 of 8 MAY 3, 2022 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on April 29, 2022. DATED: April 29, 2022 MONIKA RADEVA, City Clerk City of La Quinta, California Public Notices  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777- 7123, twenty-four (24) hours in advance of the meeting and accommodations will be made.  If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk’s office at (760) 777-7123. A one (1) week notice is required.  If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting.  Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL MINUTES Page 1 of 9 APRIL 5, 2022 CITY COUNCIL MINUTES TUESDAY, APRIL 5, 2022 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Councilmembers Fitzpatrick, Peña, Radi (joined the meeting at 4:05 p.m.), Sanchez, Mayor Evans ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Acting Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Management Specialist Griffin, Marketing Manager Graham, Community Resource Director Escobedo, Public Safety Manager Mendez, Code Compliance Supervisor Meredith, Community Resource Manager Calderon, Management Analyst Calderon, Human Resources Analyst Triplett, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, Finance Director Martinez, Design and Development Director Castro, Senior Planner Flores, Management Analyst Berumen, Public Works Deputy Director Ulloa, and Traffic Management Analysts Gunterson. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9: (NUMBER OF POTENTIAL CASES: 1) CONSENT CALENDAR ITEM NO. 1 9 CITY COUNCIL MINUTES Page 2 of 9 APRIL 5, 2022 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH COUNCILMEMBERS FITZPATRICK, PEÑA, AND SANCHEZ REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following action was taken on Closed Session Item No. 1, pursuant Government Code § 54957.1, subdivision (a)(2) [Brown Act]: MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to authorize the initiation of litigation. Motion passed: ayes – 4; noes – 0; absent – 1 (Radi); abstain – 0. Mr. Ihrke noted that pursuant to Government Code § 54957.1, this announcement need not and will not identify the action, defendants, or other particulars, but upon formal commencement of any action, such information will be made available upon a request by any person. PLEDGE OF ALLEGIANCE Councilmember Peña led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Alena Callimanis, La Quinta – spoke in opposition of the proposed Wave at Coral Mountain Resort project and provided comments about potential light spillage and noise echoing. COUNCILMEMBER RADI JOINED THE MEETING AT 4:05 P.M. Mayor Evans said WRITTEN PUBLIC COMMENTS were received as follows:  Clay Huntington, La Quinta – in support of short-term vacation rentals (STVRs) and issuance of new STVR permits; and  Tom McDaniel, La Quinta – in support of the Wave at Coral Mountain Resort project. City Clerk Radeva presented instructions on how to join the Council meeting via teleconference using Zoom and stated that instructions are also available on the City’s website and listed on the published agenda. 10 CITY COUNCIL MINUTES Page 3 of 9 APRIL 5, 2022 ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. LIFESTREAM BLOOD BANK PRESENTATION OF “AMERICA’S BLOOD CENTERS LARRY FREDERICK AWARD” IN RECOGNITION OF RAISING AWARENESS OF THE NEED FOR BLOOD DONATION Dr. Rick Axelrod, LifeStream Blood Bank’s President/CEO/Medical Director and Larry Frederick, National Blood Advocate (attending via teleconference) presented to Mayor Linda Evans, the Larry Frederick Award for 2022, in recognition of her contributions and dedication in raising awareness for the need for blood donations. Mayor Evans acceptance video was played in which she expressed her gratitude for being honored. 2. INTRODUCE NEW AND PROMOTED CITY EMPLOYEES City Manager McMillen introduced the following new City employees: Employee Name Title Department _ Michelle Gonzalez P/T Software Program Writer Design and Development Justin Lee P/T Recreation Leader Community Development Kayla Lopez P/T Recreation Leader Community Development Cesar Cruz Traffic Signal Technician Public Works Brianna Rodriguez Code Compliance Officer I Community Development Rafael Muniz (teleconference) Maintenance Worker I Public Works Each employee introduced themselves and provided a brief overview of their qualifications and experience. 3. PROCLAMATION RECOGNIZING APRIL AS NATIONAL DONATE LIFE MONTH Council presented to Jolene Vargas, a OneLegacy Ambassador and three-time organ transplant recipient, a proclamation for Donate Life Month. Ms. Vargas expressed her gratitude for having been fortunate to be an organ transplant recipient and noted the great need for organ donors. 4. X-PARK SOFT OPENING UPDATE Management Analyst Calderon and Victor Nelson, Director of Operations with Action Park Alliance, provided an update on the X-Park soft opening, operations, attendance, and programming. 11 CITY COUNCIL MINUTES Page 4 of 9 APRIL 5, 2022 5. TALUS – PROJECT STATUS UPDATE Senior Project Manager Josh Frantz with Robert Green Company and Chief Operating Officer with Rilington Group Bruce Maize provided a detailed presentation on the project’s overall progress and sequence of activities onsite for 1) Montage Hotel and Spa, 2) Montage Guestrooms, 3) Montage Residences, 4) Conference and Shared Services Building, 5) Golf Clubhouse, 6) Pendry Residences, and 7) Pendry Hotel. Rober Green, President of the Robert Green Co. (attending via teleconference) provided an update on the project funding. 6. 2022 BNP PARIBAS TENNIS TOURNAMENT – TRAFFIC OBSERVATIONS SUMMARY Traffic Management Analyst Gunterson provided a summary of the traffic operations during the 2022 BNP Paribas Tennis Tournament. CONSENT CALENDAR 1. EXCUSE ABSENCE OF COMMISSIONER CASTO FROM THE MARCH 9, 2022 HOUSING COMMISSION MEETING AND COMMISSIONER CALDWELL FROM THE APRIL 12, 2022 PLANNING COMMISSION MEETING 2. ACCEPT DONATION OF A FIRE TRUCK FOR HISTORICAL DISPLAY FROM JOHN ZAR 3. AUTHORIZE RADIO ADVERTISING WITH ALPHA MEDIA FOR FISCAL YEAR 2021/22 4. APPROPRIATE FIRE TAX FUNDS AND ACCEPT FIRE STATION 70 REVITALIZATION PROJECT NO. 2019-07, LOCATED ON THE SOUTHWEST CORNER OF MADISON STREET AND AVENUE 54 5. APPROVE DECLARATION AND DISPOSAL OF SURPLUS EQUIPMENT 6. APPROVE AMENDMENT TO SUBSCRIPTION AGREEMENT WITH DELL MICROSOFT LICENSING TO PURCHASE MICROSOFT 365 AND AZURE ACTIVE DIRECTORY FOR ADDITIONAL LICENSES FROM DELL MICROSOFT LICENSING 12 CITY COUNCIL MINUTES Page 5 of 9 APRIL 5, 2022 7. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH URBANA PRESERVATION AND PLANNING TO CONDUCT A CITY-WIDE HISTORIC RESOURCES SURVEY UPDATE 8. APPROVE DEMAND REGISTERS DATED MARCH 11, 18, AND 25, 2022 9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2022 10. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) 11. APPROVE MEETING MINUTES OF JANUARY 18, 2022 12. APPROVE MEETING MINUTES OF MARCH 1, 2022 13. APPROVE SPECIAL JOINT MEETING MINUTES OF THE CITY COUNCIL AND PLANNING COMMISSION OF MARCH 1, 2022 14. APPROVE SPECIAL MEETING MINUTES OF CITY COUNCIL – ANNUAL COMMUNITY WORKSHOP OF MARCH 12, 2022 15. APPROVE MEETING MINUTES OF MARCH 15, 2022 Comments on Consent Calendar Items: Item No. 7 – Senior Planner Flores and Wendy Becker, Founding Principal with Urbana Preservation and Planning, LLC explained (via Zoom) the Historic Resources Survey update scope of work and timeline. Item No. 2 – Council expressed their gratitude for the historic fire truck donation; said the truck is operable and will be on display at the City’s 40th Birthday Celebration on April 30, 2022, at the Civic Center Campus. MOTION – A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to approve the Consent Calendar as recommended. Motion passed unanimously. 13 CITY COUNCIL MINUTES Page 6 of 9 APRIL 5, 2022 BUSINESS SESSION 1. APPROVE THE 2022 LEGISLATIVE POLICY GUIDE Management Specialist Griffin presented the staff report, which is on file in the Clerk’s Office. Council discussed the 2022 pending legislation; adding opposition to unfunded mandates; adding a health and wellness component; and editing and approving the Guide before the September League of California Cities meeting. MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to continue this item to a future date. Motion passed unanimously. 2. APPROPRIATE FUNDS TO REPLACE THE CITY’S STREET SWEEPER IN FISCAL YEAR 2021/22 Management Analyst Berumen and Deputy Director Ulloa presented the staff report, which is on file in the Clerk’s Office. Council discussed the City’s current street sweeping scheduled maintenance services provided bi-weekly by Coachella Valley Association of Governments and Burrtec Waste and Recycling; the City’s street sweeper helps provide street maintenance in between the scheduled cleanings, when it is warranted due to wind events; street sweeper’s average useful life is 15 years and related operational costs; the City is able to schedule additional street sweeping through a contactor, while the street sweeper is on back order; challenges with sharing equipment with other jurisdictions as it may not be available when the City needs to use it; inability to contract equipment through CVAG should an emergency occur; and it runs on diesel. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Peña to appropriate $300,000 to purchase a new street sweeper during fiscal year 2021/22. Motion passed unanimously. 3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FIND FOOD BANK AND APPROPRIATE FUNDS FOR FOOD DISTRIBUTION PROGRAMS Community Resources Director Escobedo presented the staff report, which is on file in the Clerk’s Office. 14 CITY COUNCIL MINUTES Page 7 of 9 APRIL 5, 2022 PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Debbie Espinosa, President and CEO with FIND Food Bank (FIND), thanked the City for the support and partnership with FIND to establish and expand food delivery services in La Quinta during the pandemic in 2020 and 2021; congratulated the City on receiving the Hunger Heroes award for its dedication, contribution, and partnership with FIND to help provide hunger relief to people experiencing food insecurity for the first time in their lives; said FIND is requesting the City’s partnership again in 2022 as the economy continues to be volatile, and food costs have risen along with gas costs and other goods, placing additional stress on people and limiting their purchase power; noted the amount of food distributions that have been delivered through this partnership, which in turn has allowed people to redirect those funds to other vital needs, such as rent, etc. Council discussed the existing food distribution locations in La Quinta and possible future locations. MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to approve Agreement for Contract Services with FIND Food Bank and appropriate funds, in the amount of $60,000, for food distribution programs, and authorize the City Manager to execute the agreement. Motion passed unanimously. MAYOR EVANS CALLED FOR BRIEF RECESS AT 5:54 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:00 P.M. WITH ALL MEMBERS PRESENT PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – Continued PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Alena Callimanis, La Quinta – asked if Planning Commissioner Caldwell’s absence from the April 12, 2022 Planning Commission meeting was excused under Consent Calendar Item No. 1. Mayor Evans affirmed. STUDY SESSION 1. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2022/23 THROUGH 2026/27 CAPITAL IMPROVEMENT PROGRAM Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office. 15 CITY COUNCIL MINUTES Page 8 of 9 APRIL 5, 2022 Council discussed the difficulty of projecting cost increases and shortages in materials over five years; round-about outreach; the triple left turn configuration at the Fred Waring Drive and Washington Street intersection; bike lanes; technology infrastructure; moving the pavement rehabilitation of Moon River Drive up in the timeline, and postponing the Corporate Center Drive gap closure project; Corporate Yard and Fritz Burns Park design; potential Village parking lot land acquisition; and skate park crosswalk safety. Council directed staff to provide an update on drainage projects and maintenance. PUBLIC HEARINGS – None DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Radi said he toured the event site building at the SilverRock Park and it looked top-notch. Mayor Pro Tem Fitzpatrick reported on her attendance, along with Councilmember Peña at the “Fly Over LQ: A Kite Experience” event held on April 2, 2022 at the SilverRock Park. Councilmember Peña reported on his attendance with Mayor Evans at the opening of the Jim Houston Pavilion hanger at the Palm Springs Air Museum, on April 2, 2022, displaying a rare F-117A Nighthawk #833 aircraft, nicknamed “Black Devil.” Mayor Evans reported on her attendance with Councilmembers Peña and Sanchez at the Palm Springs Air Museum Gala on March 25, 2022. Mayor Evans congratulated Victory Grund, La Quinta’s recipient of the 2022 Senior Inspiration Award. Mayor Evans said she attended Mr. Mike Grgich 99th birthday celebration on April 2, 2022, at the La Quinta Resort. Mayor Evans reminded the audience that the Greater Coachella Valley Chamber of Commerce, in partnership with the City, will be hosting the 2022 La Quinta Spring Business Update event at the SilverRock Park on April 6, 2022. 16 CITY COUNCIL MINUTES Page 9 of 9 APRIL 5, 2022 REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organizations’ meetings:  COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE  VISIT GREATER PALM SPRINGS La Quinta’s representative for 2022, Councilmember Peña reported on his participation in the following organizations’ meeting:  IID ENERGY CONSUMERS’ ADVISORY COMMITTEE La Quinta’s representative for 2022, Councilmember Radi reported on his participation in the following organizations’ meetings:  CVAG TRANSPORTATION COMMITTEE  SUNLINE TRANSIT AGENCY ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 6:47 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California 17 18 CITY COUNCIL MINUTES Page 1 of 6 APRIL 19, 2022 CITY COUNCIL MINUTES TUESDAY, APRIL 19, 2022 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Acting Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Marketing Manager Graham, Community Resources Director Escobedo, Public Safety Manager Mendez, Community Resource Manager Calderon, Human Resources Manager Triplett, Management Analyst Calderon, Public Works Director/City Engineer McKinney, Finance Director Martinez, Design and Development Director Castro, and Public Works Director / City Engineer McKinney PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION – PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9 OF THE GOVERNMENT CODE; NAME OF CASE: CITY OF LA QUINTA, PETITIONER, V. LA QUINTA ARTS FOUNDATION, RESPONDENT, USPTO TRADEMARK TRIAL AND APPEAL BD., CANCELLATION CASE NO.: 92076446; CONSENT CALENDAR ITEM NO. 2 19 CITY COUNCIL MINUTES Page 2 of 6 APRIL 19, 2022 NAME OF CASE: LA QUINTA ARTS FOUNDATION, PLAINTIFF, V. CITY OF LA QUINTA, DEFENDANT, US DIST. COURT, CENTRAL DISTRICT OF CAL., CASE NO. 5:21-CV-515 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON MAIN STREET, EAST OF DESERT CLUB DRIVE (WESTERLY PORTION ); APNS: 770-123-011 AND 770-124-010) CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER NEGOTIATING PARTY: WELLS MARVIN UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON AVENIDA LA FONDA, EAST OF DESERT CLUB DRIVE; APNS: 770-125-003 AND 770-125-002 CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER NEGOTIATING PARTY: NINO ROSINI UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:03 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Councilmember Radi led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA City Clerk Radeva presented instructions on how to join the Council meeting via teleconference using Zoom and stated that instructions are also available on the City’s website and listed on the published agenda. PUBLIC SPEAKER: Philip Bettencourt, La Quinta – said he serves on the Imperial Irrigation District (IID) Coachella Valley Energy Commission as the At-Large Commissioner for Cities; the Commission’s objective is to develop a long-term strategic plan to continue energy services for the Coachella Valley 20 CITY COUNCIL MINUTES Page 3 of 6 APRIL 19, 2022 following the 2033 expiration of the 99-year lease between IID and the Coachella Valley Water District; and noted his support for the independent study on electrical energy service alternatives for certain areas of the Coachella Valley and the importance of this study; Local Agency Formation Commissions (LAFCO) for the Counties of Riverside and Imperial have selected a consultant to conduct the study, and are awaiting the funding from the State of California pursuant to Governor Newsom’s sponsored bill, which is not yet available. PUBLIC SPEAKER: Lyola Torres, La Quinta – said she moved to La Quinta about six years ago from Los Angeles; expressed her concern of the community’s outcry about short-term vacation rentals (STVR), the divisiveness it has created in the community, and the misleading information being provided by the circulators of the citizens’ initiative petition currently knocking door-to-door to collect signatures representing that the petition is in support of STVRs. City Attorney Ihrke said a citizens’ initiative measure was filed with the City and it is currently being circulated for signatures, and explained the signature collection process and the signature verification process to qualify the proposed initiative measure for the ballot are governed by State law; provided a brief outline of the ballot measure process as prescribed by State law; and noted that if there is a concern about misinformation or wrongdoing, it can be reported to the Fair Political Practices Commission for investigation and determination. Mayor Evans said the STVR Program statistics and other relevant information is available on the City’s website. City Clerk Radeva said folks who may have signed the petition in error can request to withdraw their signature with the Elections Official in accordance with State law. PUBLIC SPEAKER: Lynne Daniels, La Quinta – said she has operated an STVR for about 10-12 years; spoke of the evolution of the STVR program; STVRs have helped improve and beatify homes in La Quinta; visitors shop in La Quinta; expressed her concern about a neighbor who does not keep their home neat, which affects the image of the neighborhood; the majority of STVR homeowners obey the rules; and asked if the proposed initiative measure passes how it would affect the existing STVR permit holders. Mayor Evans replied that if the proposed initiative measure passes, STVRs in non-exempt areas will be phased-out and permanently banned by January 1, 2025. 21 CITY COUNCIL MINUTES Page 4 of 6 APRIL 19, 2022 PUBLIC SPEAKER: Alena Callimanis, La Quinta – said the Desert Sun recently published an article noting the importance of water conservation; and spoke in opposition of the proposed Coral Mountain Resort project. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. RECOGNITION OF LA QUINTA’S SENIOR INSPIRATION AWARD RECIPIENT VICTORY GRUND Mayor Evans said Riverside County current Fourth District Supervisor V. Manuel Perez, alongside the Coachella Valley’s nine cities, now hosts the annual Senior Inspiration Award, a 30-year old tradition. This event recognizes the community’s unsung heroes, individuals 65 years and older whose volunteerism and ongoing work in the community inspire us to be active. This year’s luncheon event was held on March 31, 2022, at the Fantasy Springs Resort Special Event Center in Indio, CA. The Senior Inspiration Awards was started by former Fourth District Supervisor Patricia “Corky” Larson and former Palm Desert Mayor Jean Benson as a way to thank the volunteers of our community and to encourage others to join in on the volunteerism and philanthropy. Each jurisdiction nominates one individual every year to be recognized and explained the review process. Mayor Evans introduced La Quinta’s 2022 Senior Inspiration Award recipient Victory Grund and expressed Council’s gratitude for her service; a short video was played showcasing Mrs. Grunds history and contribution to the community through the creation of the La Quinta Arts Studio. Mrs. Grund thanked the City for the honor and recognition; and expressed her love and passion for art and the joy it brings into peoples’ lives. CONSENT CALENDAR 1. APPROVE SPECIAL JOINT COUNCIL AND BOARDS AND COMMISSIONS MEETING MINUTES OF MARCH 28, 2022 2. ADOPT RESOLUTION TO APPROVE THE CITY OF LA QUINTA PROJECT LIST FOR FISCAL YEAR 2022/23 FOR SENATE BILL 1 - ROAD REPAIR AND ACCOUNTABILITY ACT 2017 FUNDING [RESOLUTION NO. 2022-008] 3. APPROVE FISCAL YEAR 2022/23 THROUGH 2026/27 MEASURE A HALF CENT SALES TAX FIVE-YEAR CAPITAL IMPROVEMENT PLAN 22 CITY COUNCIL MINUTES Page 5 of 6 APRIL 19, 2022 4. APPROVE DEMAND REGISTERS DATED APRIL 1 AND 8, 2022 5. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH EIDE BAILLY LLP FOR A TWO- YEAR TERM EXTENSION AND RELATED COMPENSATION TO PROVIDE AUDITING SERVICES MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve the Consent Calendar as recommended, with Item No. 2 adopting Resolution No. 2022-008. Motion passed unanimously. BUSINESS SESSION – None STUDY SESSION – None PUBLIC HEARINGS – None DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña said the League of California Cities will be holding City Leaders Summit, May 11-13, 2022, in Sacramento, California, which includes a Legislative Action Day and Mayors and Council Members Executive Forum. Mayor and Councilmembers said they do not plan on attending this event. Councilmember Sanchez said there was an increase in visitors in the area due to the Coachella Festivals this past weekend; and he noted there has been an uptake in graffiti, not because of the festivals, just in general, and asked that the Council review the City’s regulations on graffiti and what outreach can be done to minimize such negative impacts on the City’s beautiful aesthetics. City Attorney Ihrke said graffiti regulations are established in Chapter 11.73 of the La Quinta Municipal Code, and explained the City’s expedited abatement graffiti process included in this Chapter. Mayor Evans said the Greater Coachella Valley Chamber of Commerce, in partnership with the City, held the 2022 La Quinta Spring Business Update event at the SilverRock Park on April 6, 2022. Mayor Evans noted the Annual City Picnic and 40th Birthday Celebration is scheduled to be held on Saturday, April 30, 2022, at the Civic Center Campus 23 CITY COUNCIL MINUTES Page 6 of 6 APRIL 19, 2022 between 9 a.m. and 12 noon, and encouraged the public to attend and celebrate the Gem of The Desert. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organizations’ meetings:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION  CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organizations’ meeting:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Peña to adjourn at 4:49 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California 24 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTIONS (A) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, AND (B) REQUESTING RIVERSIDE COUNTY CONSOLIDATE THE NOVEMBER 8, 2022, MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION RECOMMENDATION A.Adopt a resolution calling and giving notice of the holding of a General Municipal Election on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California. B.Adopt a resolution requesting that the Board of Supervisors of Riverside County consolidate a General Municipal Election to be held on November 8, 2022, in the City of La Quinta, with the statewide General Election to be held on that same date. EXECUTIVE SUMMARY On November 8, 2022, La Quinta voters will elect a Mayor for a full term of two years and two Councilmembers for full terms of four years each. The filing period for candidate nomination papers for these offices will open on July 18 and close on August 12, 2022. The filing period will be extended to August 17 if an incumbent does not file for his/her office by the August 12 deadline. The deadline for submitting the two attached election resolutions to the County is July 1, 2022. FISCAL IMPACT The Riverside County Registrar of Voters has not yet provided a cost estimate for consolidated election services. The City will be budgeting $80,000 for these services in the fiscal year 2022/23 budget, in City Clerk Professional Services account (101-1005-60320) Variables affecting the final amount include the number of jurisdictions that participate, the final number of registered voters receiving pamphlets, the number of measures added to the pamphlet, providing CONSENT CALENDAR ITEM NO. 3 25 vote-by-mail ballots to all registered votes, and increases to postage, paper, gas, vendor, and staff costs. BACKGROUND/ANALYSIS The purpose of the first resolution is to comply with State and County laws by officially calling for an election and formally giving notice that an election will occur, the date and times, and the offices and terms to be placed on the ballot. La Quinta’s municipal elections are governed by City Ordinance No. 327, which sets the Election Day as the first Tuesday after the first Monday in November of even-numbered years. State and County law further require the adopted resolutions to be submitted no later than one-hundred-thirty (130) days prior to Election Day (July 1, 2022). The purpose of the second resolution is to request that the Board of Supervisors permit consolidation of La Quinta’s municipal election with the statewide election administered by the County, and La Quinta’s agreement to reimburse the County for its share of the costs. The City has consolidated its municipal elections with the County since incorporation in 1982. The services provided by the County Registrar of Voters are ballot design, printing, mailing, polling places/vote centers coordination and staffing, poll worker education, ballot collection, tallying and publication, and voter registration and database maintenance. As with the first resolution, this one must also be submitted no later than one-hundred-thirty (130) days prior to Election Day (July 1, 2022). ALTERNATIVES To remain in compliance with City, County and State laws, adoption of these two resolutions is necessary; Council may elect to delay this action until a subsequent Council meeting, but no later than the June 21, 2022 meeting. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 26 RESOLUTION NO. 2022 – XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 FOR THE ELECTION OF CERTAIN OFFICERS WHEREAS, under the provisions of the laws of the State of California and the City of La Quinta, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of Municipal Officers; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That pursuant to the requirements of the State of California relating to General Law and Charter Cities and La Quinta Ordinance No. 327, there is called and ordered to be held in the City of La Quinta, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing one (1) Mayor for the full term of two years and two (2) Members of the City Council for full terms of four years. SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That in accordance with Elections Code §14212 and/or any other law or executive order applicable to conducting the election, the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California and/or any other law or executive order applicable to conducting the election. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further notice of the election, in time, form and manner as required by law. 27 Resolution No. 2022 – XXX Calling Election November 8, 2022 Adopted: May 3, 2022 Page 2 of 2 SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the permanent record of resolutions. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May, 2022, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _______________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ________________________ MONIKA RADEVA, City Clerk City of La Quinta APPROVED AS TO FORM: __________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta 28 RESOLUTION NO. 2022 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE CALIFORNIA ELECTIONS CODE WHEREAS, a General Municipal Election is to be held in the City of La Quinta, California, on Tuesday, November 8, 2022, for the purpose of electing a Mayor, and two Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city, the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of Riverside canvass the returns of the General Municipal Election and that election be held in all respects as if there were only one election. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That pursuant to the requirements of §10403 of the Election Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of the election of a Mayor for a term of two (2) years, and two Members of the City Council for a term of four (4) years. SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the county elections department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of La Quinta recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. 29 Resolution No. 2022 – XXX Consolidation of Election – November 8, 2022 Adopted: May 3, 2022 Page 2 of 2 SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Riverside. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the permanent record of resolutions. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May, 2022, by the following vote: AYES: NOES: ABSTAIN: ABSENT: LINDA EVANS, Mayor City of La Quinta, California ATTEST: ________________________ MONIKA RADEVA, City Clerk City of La Quinta APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta 30 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) RECOMMENDATION Affirm Resolution No. 2021-035 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue to implement teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165). EXECUTIVE SUMMARY Pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165) (AB 361), which waived certain provisions of the Ralph M. Brown Act (Brown Act) and authorized local agencies to hold public meetings via teleconferencing whenever a state of emergency exists that makes it unsafe to meet in person, Council must reconsider the circumstances of the state of emergency every 30 days and affirm the required findings in order to continue to allow teleconference accessibility for public meetings. On September 28, 2021, Council adopted Resolution No. 2021-035 (Attachment 1) making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings. FISCAL IMPACT – None. BACKGROUND/ANALYSIS AB 361 was signed into law by the Governor on September 16, 2021, which went into effect immediately as urgency legislation (codified under Government Code § 54953) and waived certain provisions of the Brown Act in order to allow local agencies to continue to meet remotely. Specifically, the bill allows remote teleconference flexibility, but only when there is a state of emergency that makes it unsafe to meet in person. CONSENT CALENDAR ITEM NO. 4 31 In addition, AB 361 added specific procedures and clarified the requirements for conducting remote meetings, including the opportunity for the public to provide public comment in real time; the legislative body shall take no actions during disruptions; and the legislative body, by majority vote, shall determine that meeting in person would present imminent risk to the health or safety of attendees and shall affirm these findings every 30 days, in order to continue to allow teleconference accessibility for conducting public meetings [Government Code § 54953(e)(3)]. AB 361 will sunset on January 1, 2024. The City has implemented procedures for conducting public meetings to ensure full compliance with AB 361. In addition to the ability to attend public meetings in-person, teleconference accessibility via call-in option or an internet-based service option (via the Zoom Webinars platform) is listed on the published agenda for each meeting as well as on the City’s website. The City monitors attendance via teleconference as well as email correspondence (as published on the agenda) throughout each public meeting and provides access for public comment opportunities in real time both verbally and in writing. On September 28, 2021, Council adopted Resolution No. 2021-035 making the initially required findings under AB 361 in order to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. As noted above, Council must reconsider the state of emergency due to COVID-19 every 30 days and affirm the findings under Resolution No. 2021- 035 in order to continue to allow teleconference accessibility for conducting public meetings. September 28, 2021 – Resolution No. 2021-035 adopted October 19, 2021 – findings affirmed November 16, 2021 – findings affirmed December 7, 2021 – findings affirmed December 21, 2021 – findings affirmed January 18, 2022 – findings affirmed February 15, 2022 – findings affirmed March 15, 2022 – findings affirmed April 5, 2022 – findings affirmed Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachment: 1. Council Resolution No. 2021-035 32 RESOLUTION NO. 2021 - 035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, on March 17, 2020, the City Council adopted Emergency Resolution No. EM 2020-001, proclaiming a local emergency as defined in La Quinta Municipal Code Section 2.20.020, due to the threat of the existence and spread of COVID-19; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N- 29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including: ATTACHMENT 1 33 Resolution No. 2021 – 035 Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021 Page 2 of 4 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option; The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B- G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council. 34 Resolution No. 2021 – 035 Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021 Page 3 of 4 SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards, Commissions, and Committees, City staff and consultants to meet safely in person. SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing. SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby. SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 6. Effective Date: This Resolution shall become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 28th day of September, 2021, by the following vote: AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None 35 36 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO URBAN HABITAT FOR CONSTRUCTION OF THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NO. 2016-03F, LOCATED AT THE LA QUINTA TOPAZ DEVELOPMENT, ON THE SOUTH SIDE OF MILES AVENUE AND WEST SIDE OF DUNE PALMS ROAD RECOMMENDATION Award a contract to Urban Habitat in the amount of $648,851 to construct the La Quinta Landscape Renovation Improvements Project No. 2016-03F, located at the La Quinta Topaz Development, on the South Side of Miles Avenue and West Side of Dune Palms Road; and authorize the City Manager to execute the contract. EXECUTIVE SUMMARY •This sixth phase of the Measure G funded La Quinta Landscape Renovation project is located at the La Quinta Topaz Development on the south side of Miles Avenue, the entrance on Desert Crest Drive at Dune Palms Road, the entrance on Desert Stream Drive at Dune Palms Road, west side of Dune Palms Drive, and one (1) retention basin south of the Topaz Development. (Attachment 1). •The project includes approximately 130,000 square feet of parkway and retention basin landscaping; 24,000 square feet of turf, which will be converted to the Desert Oasis plant palette; wall cleaning and painting and drainage improvements to the retention basin south of the Topaz Development •Urban Habitat of La Quinta, California, submitted the lowest responsible and responsive bid at $648,850.55 (Attachment 2). FISCAL IMPACT The 2020/21 Capital Improvement Program (CIP) allocates $9,963,148 to Landscape Renovation projects, $9,043,914 of Measure G Funds, $426,073 of General Funds, $479,661 of Coachella Valley Water District (CVWD) reimbursement, and $13,500 of Arts in Public Places Funds. The following is the project budget: CONSENT CALENDAR ITEM NO. 5 37 Total Budget (All Phases) Phase 6 – Topaz* Professional: $ 547,258 $ 20,000 Design: $ 699,212 $ 86,692 Inspection/Testing/Survey: $ 677,242 $ 115,000 Construction: $ 6,970,407 $ 648,851 Contingency: $ 1,069,029 $ 119,457 Total Budget: $ 9,963,148 $ 990,000 *Note: Following the construction of Phase 6, approximately $4,800,000 is expected to be available for the construction of the next phase of Landscape Renovation Turf Conversion projects (Desert Pride, Sierra Del Rey, Marbella, X-Park, and Cactus Flower), projected for summer/fall, 2022. Staff anticipates approximately $48,000 in CVWD turf rebates. BACKGROUND/ANALYSIS The 2020/21 CIP prioritizes renovating the parkways in north La Quinta over the next year. These improvements will entail converting turf to the Desert Oasis landscape palette, which uses hardscape textures with minimal planting to create an aesthetically pleasing environment with lower installation, long- term maintenance, and water costs. Wall cleaning/painting complete the renovation effort. The parkway renovation effort is divided into seven phases. The sixth phase, was divided into three sub phases Desert Pride, Sierra Del Rey & Marbella, and Topaz. The seventh phase, located at the Cactus Flower Development, will be under design at the end of 2022. On April 6, 2022 staff solicited construction bids from qualified contractors. The City received 3 bids on April 25, 2022. Urban Habitat of La Quinta, California, submitted the lowest responsible and responsive bid at $648,850.55. Contingent upon award of the project on May 3, 2022, the following is the project schedule: Council Considers Project Award May 3, 2022 Execute Contract and Mobilize May 4 to May 27, 2022 Construction (60 Working Days) May to August 2022 Accept Improvements September 2022 38 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer Attachments: 1.Project Vicinity Map 2.Bid Comparison Summary 39 40 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend Notes REPORT PRINTED ON...4/5/2019 11:12:16 AM Vicinity Map Topaz Landscape Renovation 0 3,0091, 505 Feet Blueline Streams City Areas World Street Map ATTACHMENT 1 ATTACHMENT 141 42 Bid Opening Date: 4/25/2022La Quinta Landscape Renovation Improvement ‐ Topaz City Project No. 2016‐03F Bid ComparisonATTACHMENT 2ItemItem DescriptionUnit Quantity Unit Price Total CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal Cost1 MobilizationLS 145,465.46$          45,465.46$ 21,096.58$ 21,096.58$ 20,000.00$ 20,000.00$ 35,000.00$ 35,000.00$ 2 Traffic Control and PlansLS 120,000.00$          20,000.00$ 7,445.85$ 7,445.85$ 31,400.00$ 31,400.00$ 32,500.00$ 32,500.00$ 3 Dust ControlLS 110,000.00$          10,000.00$ 9,307.32$ 9,307.32$ 3,700.00$ 3,700.00$ 25,035.00$ 25,035.00$ 4 Clearing and GrubbingLS 156,150.00$          56,150.00$ 18,552.58$ 18,552.58$ 60,400.00$ 60,400.00$ 15,915.00$ 15,915.00$ 5 Demolition and DisposalLS 115,000.00$          15,000.00$ 16,629.07$ 16,629.07$ 3,700.00$ 3,700.00$ 26,700.00$ 26,700.00$ 5a. DewateringLS 110,000.00$          10,000.00$ 3,102.44$ 3,102.44$ 9,600.00$ 9,600.00$ 35,600.00$ 35,600.00$ 6 Trim Overhanging Vegetation Flush with PL WallLS 110,000.00$          10,000.00$ 3,772.57$ 3,772.57$ 700.00$ 700.00$ 5,000.00$ 5,000.00$ 7Modify, Relocate, and Repair Existing Lighting Electrical System with New Fixtures LS 1  $          41,100.00  $ 41,100.00  $43,779.13 43,779.13$  $54,000.00 54,000.00$  $56,000.00 56,000.00$ 8 Remove and Replace 6' Sidewalk per City Standard 245 SF 42712.00$ 5,124.00$ 31.02$ 13,245.54$ 40.00$ 17,080.00$ 14.00$ 5,978.00$ 9 Wall Cleaning LS 15,000.00$            5,000.00$ 6,328.98$ 6,328.98$ 2,400.00$ 2,400.00$ 4,877.50$ 4,877.50$ 9a.Wall Painting (including PatchingSF 6,8501.25$ 8,562.50$ 1.37$ 9,384.50$ 1.50$ 10,275.00$ 1.95$ 13,357.50$ 10 Furnish and Install 3/4" Desert Gold Crushed RockSF 26,0513.00$ 78,153.00$ 0.87$ 22,664.37$ 1.00$ 26,051.00$ 1.75$ 45,589.25$ 11Furnish and Install 3/8" Minus Golden Fawn Decomposed GraniteSF 20,3023.75$ 76,132.50$ 1.66$ 33,701.32$ 1.25$ 25,377.50$ 1.15$ 23,347.30$ 12Furnish and Install 3/8" Minus Southwest Brown Decomposed GraniteSF 13,8043.75$ 51,765.00$ 1.80$ 24,847.20$ 1.50$ 20,706.00$ 1.75$ 24,157.00$ 13 Furnish and Install 6"‐8" Baja Cresta RubbleSF 15,17610.00$ 151,760.00$                4.10$ 62,221.60$ 3.25$ 49,322.00$ 3.50$ 53,116.00$ 14 Soil Prep and Fine GradingSF 129,8330.75$ 97,374.75$ 0.11$ 14,281.63$ 0.10$ 12,983.30$ 0.75$ 97,374.75$ 15 Furnish and Install 5 Gal ShrubEA 51535.00$ 18,025.00$ 30.16$ 15,532.40$ 31.00$ 15,965.00$ 43.75$ 22,531.25$ 16 Furnish and Install 15 Gal ShrubEA 20125.00$               2,500.00$ 91.83$ 1,836.60$ 135.00$ 2,700.00$ 381.85$ 7,637.00$ 17 Furnish and Install 24" Box TreeEA 73475.00$               34,675.00$ 403.32$ 29,442.36$ 400.00$ 29,200.00$ 400.75$ 29,254.75$ 18 Furnish and Install Barrel Cactus PlantingsEA 49125.00$               6,125.00$ 81.30$ 3,983.70$ 80.00$ 3,920.00$ 77.65$ 3,804.85$ 19 Furnisha and Install Ocotillo PlantingsEA 25250.00$               6,250.00$ 148.92$ 3,723.00$ 135.00$ 3,375.00$ 140.00$ 3,500.00$ 20 Furnish and Install PermaLoc Header ‐ Asphalt EdgeLF 4,6805.00$ 23,400.00$ 8.38$ 39,218.40$ 14.00$ 65,520.00$ 10.25$ 47,970.00$ 21 Furnish and Install Boulders Per Plan ‐ "Baja Cresta", 2' EA 38200.00$               7,600.00$ 136.51$ 5,187.38$ 100.00$ 3,800.00$ 265.00$ 10,070.00$ 22 Furnish and Install Boulders Per Plan ‐ "Baja Cresta", 3' EA 63350.00$               22,050.00$ 192.35$ 12,118.05$ 125.00$ 7,875.00$ 356.25$ 22,443.75$ 23 Furnish and Install Boulders Per Plan ‐ "Baja Cresta", 4' EA 6450.00$               2,700.00$ 440.55$ 2,643.30$ 150.00$ 900.00$ 795.00$ 4,770.00$ 24 Furnish and Install Mortared CobbleSF 1,97725.00$ 49,425.00$ 12.41$ 24,534.57$ 12.00$ 23,724.00$ 16.00$ 31,632.00$ 25 Overseed TurfSF 11,7000.25$ 2,925.00$ 0.37$ 4,329.00$ 0.25$ 2,925.00$ 0.55$ 6,435.00$ 26 Furnish and Install Irrigation per PlanLS 1176,000.00$        176,000.00$                153,880.97$ 153,880.97$ 189,200.00$ 189,200.00$ 192,011.25$ 192,011.25$ 27 Kestone Concrete Retaining Wall (3 Course)LF 16335.00$ 5,705.00$ 31.84$ 5,189.92$ 55.00$ 8,965.00$ 45.00$ 7,335.00$ 27a. Kestone Concrete Retaining Wall (4 Course)LF 16340.00$ 6,520.00$ 38.34$ 6,249.42$ 65.00$ 10,595.00$ 45.00$ 7,335.00$ 28 90‐Day MaintenanceLS 13,000.00$            3,000.00$ 14,891.71$ 14,891.71$ 4,500.00$ 4,500.00$ 12,000.00$ 12,000.00$ 1,048,487.21$             633,121.46$ 720,858.80$ 908,277.15$ BID ALTERNATIVE NO. 1‐ BASIN DRAINAGE IMPROVEMENTSItemItem DescriptionUnit Quantity Unit Price Total CostUnit PriceTotal CostUnit PriceTotal CostUnit PriceTotal CostA1‐1 MobilizationLS 15,000.00$            5,000.00$ 2,606.05$ 2,606.05$ 1,200.00$ 1,200.00$ 1.00$ 1.00$ A1‐2 DewateringLS 15,000.00$            5,000.00$ 2,500.00$ 2,500.00$ 1,800.00$ 1,800.00$ 1.00$ 1.00$ A1‐3 Dust ControlLS 11,500.00$            1,500.00$ 558.44$ 558.44$ 1,900.00$ 1,900.00$ 1.00$ 1.00$ A1‐4 Deep Well SystemEA 51,200.00$            6,000.00$ 1,185.13$ 5,925.65$ 1,700.00$ 8,500.00$ 2,100.00$ 10,500.00$ A1‐5 Horizontal Pipe and Trench SystemLF 20580.00$ 16,400.00$ 20.19$ 4,138.95$ 30.00$ 6,150.00$ 204.00$ 41,820.00$ 33,900.00$ 15,729.09$ 19,550.00$ 52,323.00$ 1,082,387.21$             648,850.55$ 740,408.80$ 960,600.15$ 1,048,487.21$             633,121.46$ 720,858.80$ 908,277.15$ Sub‐Total Additive Alternative No.1 Bid:Grand Total Base Bid Including Alternate No. 1  :Base Bid OnlySub‐Total Base Bid:Urban HabitatUniversal Construction & EngineeringConserve LandCareEngineer's Estimate ‐ Base BidATTACHMENT 2 43 44 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: APPROVE THE SELECT SOURCE PURCHASE OF FOUR ADVANCED TRAFFIC CONTROL CABINETS FROM ECONOLITE RECOMMENDATION Approve the select source purchase of four Advanced Traffic Control Cabinets from Econolite; and authorize the City Manager to execute the purchase order. EXECUTIVE SUMMARY •Advanced Traffic Control (ATC) Cabinets are needed to replace four end of life traffic cabinets. •Two of the four intersection locations are shared with the City of Indio, and the cost will be shared based on percentage of ownership. •Traffic signal cabinets are a highly specialized and complex equipment package. Staff requests to use Econolite for consistency, inventory control and troubleshooting knowledge. FISCAL IMPACT The cost of four Econolite ATC Cabinets is $96,515.73 (Attachment 1). There will be a cost share with the City of Indio for two of the intersections based on percentage of ownership per an existing traffic signal maintenance agreement. There is sufficient funding in the traffic signal maintenance budget (2122TMI) for the City’s share of this purchase. The cost share for each of the cabinets is as follows: Intersection La Quinta Share % La Quinta Cost Share Indio Share % Indio Cost Share Washington/Tampico 100% $24,128.94 0 0 Washington/Ave 52 100% $24,128.93 0 0 Jefferson/Ave 48 25% $6,032.23 75% $18,096.70 Jefferson/Ave 50 75% $18,096.70 25% $6,032.23 TOTAL COST $72,386.80 $24,128.93 CONSENT CALENDAR ITEM NO. 6 45 BACKGROUND/ANALYSIS There are four traffic control cabinets at end of life and experiencing age related problems with equipment compatibility. The cabinet locations are: Washington Street & Calle Tampico Washington Street & Avenue 52 Jefferson Street & Avenue 48 Jefferson Street & Avenue 50 Two of the four intersections are shared with the City of Indio. Jefferson Street & Avenue 48 is a shared intersection, with 25% La Quinta and 75% Indio ownership. Jefferson Street & Avenue 50 is a shared intersection, with 75% La Quinta and 25% Indio ownership. There is an existing traffic signal maintenance agreement between the cities, and each city will contribute based upon their share of ownership. The traffic signal industry is moving in the direction of ATC cabinets. CVAG has approved the use of ATC cabinets for the Coachella Valley Signal Synchronization Project (CV Sync) for replacing older cabinets. There are alternative manufacturers for this cabinet, however they are out of state. Due to shipping and the lack of local technical support, staff recommends using Econolite cabinets (Attachment 2). Pending City Council approval, the cabinets will be purchased in May, then delivered and installed in July. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1.Econolite Quote 2.Select Source Form 46 Quotation 1250 N. Tustin Ave. Anaheim, Ca. 92807 econolite.com/feedback Page 1 2/24/2022 To: Item # Part Qty Description Tariff Price per Extended 1 ATCC1148 4 340,DESERT TAN, ATCC-S,HV,16/24, LA QUINTA Includes the Following: 1 MODEL 340 PAINTED CABINET ASSY, BASE MOUNTED, DESERT TAN INSIDE/OUTSIDE 4 CORBIN DOOR LOCKS 1 DUAL FAN PANEL ASSEMBLY - LEFT 1 DUAL FAN PANEL ASSEMBLY - RIGHT 2 12 POSITION OUTLET STRIPS, RACK MOUNTED 2 HEAVY DUTY DOCUMENT DRAWERS 12 LED LIGHT ASSEMBLIES - CALIFA P3100-C-S 1 POLICE/AUXILARY SWITCH ASSEMBLY 1 COILED POLICE HAND CORD FOR MANUAL OPERATION 1 SERVICE ASSEMBLY (1-HDFU) 1 16 CHANNEL OUTPUT ASSEMBLY 1 16 CHANNEL FIELD OUTPUT ASSEMBLY 1 24 CHANNEL INPUT ASSEMBLY 1 24 CHANNEL FIELD INPUT ASSEMBLY 1 POWER DISTRIBUTION ASSEMBLY(DC/AC POWER BUS) 2 ROLL OUT SHELVES 16 RED FLASH PROGRAM BLOCKS 4 YELLOW FLASH PROGRAM BLOCKS 4 WHITE FLASH PROGRAM BLOCKS 8 HDSP SUPPRESSORS 12 INPUT SUPPRESSORS 1 CABINET SUPPRESSOR-FILTER 1 EDI CMUip-2212-HV ATC CABINET MONITOR UNIT 1 EDI MODEL ADU-2220 ATC AUXILIARY DISPLAY UNIT, (ADU) 120VAC 8 STRUTHERS-DUNN MODEL 21XBXHL FLASH TRANSFER RELAYS 9 EDI ATC MODEL 2202 HIGH DENSITY SWITCH PACK/FLASHER UNIT (HDSP/FU) 2 EDI SIU-218 ATC SERIAL INTERFACE UNIT (SIU), SINGLE WIDE 1 MONITORKEY-USB MONITOR KEY PROGRAMMING TOOL NO DETECTORS NO CONTROLLER NO OTHER EQUIPMENT NOT LISTED $71.24 $20,602.00 $82,408.00 Kris Gunterson La Quinta, CA; City of 78-495 Calle Tampico La Quinta, CA 92253 USA Quote Name: ATC Cabinet Project Reference: Econolite Reference: Q-07653-V6L6 ATTACHMENT 1 47 Quotation 1250 N. Tustin Ave. Anaheim, Ca. 92807 econolite.com/feedback Page 2 2 ATCC1148 -SPARES 1 ATCC1148-SPARE PLUGIN KIT Includes the Following: 2 EDI CMUip-2212-HV ATC CABINET MONITOR UNIT 9 EDI ATC MODEL 2202 HIGH DENSITY SWITCH PACK/FLASHER UNIT (HDSP/FU) 1 EDI MODEL PS-2216-24 POWER SUPPLY, 120VAC 2 STRUTHERS-DUNN MODEL 21XBXHL FLASH TRANSFER RELAYS 2 EDI SIU-218 ATC SERIAL INTERFACE UNIT (SIU), SINGLE WIDE 1 2CH DC ISOLATOR 4 MODEL MOV MPA-303-9 OUTPUT SURGE MODULE 2 MODEL MRA-6LC-6, INPUT SURGE MODULE $33.78 $6,049.00 $6,049.00 Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements. Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law. Quote Valid For Days: 60 FOB: Econolite Factory Terms: NET30 *Ship Terms: PPD **Taxes and Tariffs Estimated (if included) Corey Kelly Corey Kelly, Account Manager Mobile: +1 7142734912 ckelly@econolite.com Shipping Date: To be determined at time of receipt of order SubTotal $88,457.00 Shipping & Handling* Taxes** $7,739.99 Tariffs** $318.74 TOTAL $96,515.73 48 SELECT/SOLE SOURCE JUSTIFICATION Complete responses must be provided for all of the following items. A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW: 1.Why is the purchase of goods or services restricted to this vendor? Explain why the purchase cannot be competitively bid. Examples of Single/Sole Source procurements include, but are not limited to: ͻ Compatibility: The commodity or service matches existing brand of equipment for compatibility. ͻ Replacement Part: The item is a replacement part for a specific brand of existing equipment. ͻ Emergency: URGENT NEED for the item or service does not permit soliciting competitive bids. 2.What market research was conducted to substantiate no competition, including evaluation of other items considered? Provide a narrative of your efforts to identify other similar goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed. B. PRICE ANALYSIS: 3. How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison. For example, if the item/service has been purchased in the past, compare historical pricing. WƌĞƉĂƌĞĚLJ Approved By Sole or Select Source: Defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. The requesting department is responsible for supplying written justification, approved by the department director or designee with signing authority for these purchases. 6?$'0,1,675$7,21?)RUPV 7HPSODWHV*HQHUDO&LW\ZLGH?)LQDQFH Select/Sole Source purchases may be made in a non-competitive manner only when in the best interest of the City and when the price is considered reasonable. Attach this form and other supporting documents if available, to the purchase Requisition. 9HQGRU ĂƚĞ Econolite Control Products, Inc. Compatibility: Traffic signal cabinet is a highly specialized and complex equipment package. The City of La Quinta is specific on using this manufacturer for consistency, inventory control and trouble shooting knowledge. The traffic signal industry is moving in the direction of "ATC Cabinets" (advanced traffic control cabinet). CVAG has approved the use of ATC cabinet for the CV Sync project for replacing older cabinets. There are alternative manufacturers for this cabinet, however they are out of state. Due to shipping and the lack of local technical support, the recommendation to use Econolite is suggested. Price is comparable to other manufacturers. Added shipping and lack of technical support provides a competitive price for this purchase from Econolite. Digitally signed by Kristopher Gunterson DN: cn=Kristopher Gunterson, o=City of La Quinta, ou=Public Works - Traffic Operations, email=kgunterson@laquintaca.gov, c=US Date: 2022.04.12 08:36:39 -07'00' ATTACHMENT 2 49 50 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 29283, RANCHO LA QUINTA, A RESIDENTIAL DEVELOPMENT LOCATED NORTH OF AVENUE 50 AND EAST OF MOON RIVER DRIVE RECOMMENDATION Approve Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement for Tract Map No. 29283, Rancho La Quinta, and authorize the City Manager to execute said agreement EXECUTIVE SUMMARY •Tract Map No. 29283 is a residential development located north of Avenue 50 and east of Moon River Drive (Attachment 1). •T.D. Desert Development Limited Partnership has sold its interest in this tract to Master Association for Rancho La Quinta (Assignee) and desires to assign the subdivision improvement obligation for 50% of the traffic signal at Avenue 50 and Orchard Lane to the Assignee. •Assignee requests approval of Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement (Agreement) for Tract Map No. 29283, Rancho La Quinta. FISCAL IMPACT There is no fiscal impact to the City. Assignee will be submitting a replacement security for 50% of the traffic signal at Avenue 50 and Orchard Lane. BACKGROUND/ANALYSIS In September 2000, T.D. Desert Development Limited Partnership entered into a Subdivision Improvement Agreement for Tract Map No. 29283. All improvements conditioned for this tract have been constructed except for the traffic signal at Avenue 50 and Orchard Lane. T.D. Desert Development Limited Partnership has sold its interest in this tract to Assignee. The City will release T.D. Desert Development Limited Partnership’s security for the traffic signal upon executing the Agreement (Attachment 2) and receipt of the replacement security from Assignee. CONSENT CALENDAR ITEM NO. 7 51 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director / City Engineer Attachments: 1. Vicinity Map 2. Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement 52 V I C I N I T Y M A P NOT TO SCALE TRACT MAP NO. 29283 ORCHARD LN ATTACHMENT 1 53 54 LEGAL02/41174239v1 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 29283 This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (“Assignment & Amendment”) is made and entered into as of the _____ day of ________________ , 20___, by and among the CITY OF LA QUINTA, a municipal corporation of the State of California (“City”), T.D. Desert Development Limited Partnership, a Delaware limited partnership (“Assignor”), and Master Association for Rancho La Quinta, a California nonprofit mutual benefit corporation (“Assignee”). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated September 12, 2000 (“SIA”), pursuant to which Assignor, as the “Subdivider” defined in the SIA, agreed to construct or secure certain traffic signal improvements at Avenue 50 and Orchard Lane for Tract No. 29283 (“Tract”), as more fully described in Exhibit “A” of the SIA (“Improvements”). B. Assignor has sold its interest in the Tract to Assignee. In conjunction with such transfer, Assignor desires to assign the SIA, and all of Assignor’s rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor’s position with respect to the SIA and all of Assignor’s rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor’s rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. By execution hereof, the City hereby (i) consents to the foregoing assignment and assumption, (ii) releases Assignor of all obligations and liability under the SIA, and (iii) agrees to look solely to Assignee for the performance of the obligations of “Subdivider” under the SIA. ATTACHMENT 2 55 56 57 58 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2022 RECOMMENDATION Receive and file revenue and expenditure report dated February 28, 2022. EXECUTIVE SUMMARY The report summarizes the City’s year-to-date (YTD) revenues and period expenditures for February 2022 (Attachment 1). These reports are also reviewed by the Financial Advisory Commission. FISCAL IMPACT – None BACKGROUND/ANALYSIS Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports: Original Total Budget – represents revenue and expenditure budgets the Council adopted in June 2021 for fiscal year 2021/22. Current Total Budget – represents original adopted budgets plus any Council approved budget amendments from throughout the year, including carryovers from the prior fiscal year. Period Activity – represents actual revenues received and expenditures outlaid in the reporting month. Fiscal Activity – represents actual revenues received and expenditures outlaid YTD. Variance Favorable/(Unfavorable) - represents the dollar difference between YTD collections/expenditures and the current budgeted amount. Percent Used – represents the percentage activity as compared to budget YTD. CONSENT CALENDAR ITEM NO. 8 59 The revenue report includes revenues and transfers into funds from other funds (income items). Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve. The expenditure report includes expenditures and transfers out to other funds. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings. Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Claudia Martinez, Finance Director Attachment: 1. Revenue and Expenditure Report for February 28, 2022 MTD YTD YTD Percent of Budget YTD YTD Percent of Budget General Fund (GF) $9,087,227 $36,448,459 55.74% 28,933,266$ 52.57% All Funds $10,383,771 $60,918,525 40.86% 60,254,629$ 35.41% MTD YTD YTD Percent of Budget YTD YTD Percent of Budget General Fund $2,312,020 $20,815,940 29.47% 19,513,481$ 29.71% Payroll (GF)$655,167 $6,992,643 60.97% 6,153,139$ 59.10% All Funds $3,519,399 $49,261,895 30.67% 64,956,285$ 34.97% February 2022 Expenditures Comparison to LY February 2022 Revenues Comparison to LY General Fund Non-General Fund Property Tax in lieu of Vehicle License Fees 2,307,838$ SilverRock Greens Fees 584,953$ Transient Occupancy (Hotel) Tax 1,999,799$ Gas Tax 136,085$ Measure G Sales Tax 1,817,956$ Allocated Interest 100,460$ Sales Tax 1,531,305$ Housing Authority Rent Revenues 86,163$ Franchise Tax- Burrtec 272,195$ Small Business Economic Relief Loan Repayments 80,625$ General Fund Non-General Fund Sheriff Contract (October-November) 1,142,667$ Capital Im provement Pro gram - Construction(1)292,604$ Marketing and Tourism Promotions 56,438$ SilverRock Maintenance 143,718$ TOT Resort Rebate Program 50,000$ Lighting & Landscape Maintenance 65,331$ Parks Landscape Maintenance 48,536$ Housing Authority Rental Expenses 55,204$ Machinery & Equipment 41,989$ Information Technology Management Services 27,500$ Top Five Revenue/Income Sources for February Top Five Expenditures/Outlays for February (1)CIP Construction: X-Park, SRR retention basin 60 For Fiscal: 2021/22 Period Ending: 02/28/2022 Page 1 of 3 Revenue Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 36,448,4599,087,22758,804,210 65,392,532 -28,944,073 55.74% 201 - GAS TAX FUND 1,004,593136,0851,965,880 1,965,880 -961,287 51.10% 202 - LIBRARY & MUSEUM FUND -2,113892,850,700 2,851,900 -2,854,013 0.07% 203 - PUBLIC SAFETY FUND (MEASURE G)-18005,000 5,000 -5,180 3.60% 210 - FEDERAL ASSISTANCE FUND -1170151,000 151,000 -151,117 0.08% 212 - SLESA (COPS) FUND 102,8328,333101,000 101,000 1,832 101.81% 215 - LIGHTING & LANDSCAPING FUND 511,15902,274,700 2,274,700 -1,763,541 22.47% 221 - AB 939 - CALRECYCLE FUND 31,11813,83670,000 70,000 -38,882 44.45% 223 - MEASURE A FUND 780,5326,0561,567,000 1,567,000 -786,468 49.81% 225 - INFRASTRUCTURE FUND -80100100 -108 7.77% 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)28,809012,000 12,000 16,809 240.08% 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)005,000 5,000 -5,000 0.00% 230 - CASp FUND, AB 1379 12,3231,33619,200 19,200 -6,877 64.18% 231 - SUCCESSOR AGCY PA 1 RORF 7,181,305000 7,181,305 0.00% 235 - SO COAST AIR QUALITY FUND 13,537052,800 52,800 -39,263 25.64% 237 - SUCCESSOR AGCY PA 1 ADMIN -74000 -74 0.00% 241 - HOUSING AUTHORITY 1,236,499107,286871,400 1,241,400 -4,901 99.61% 243 - RDA LOW-MOD HOUSING FUND -1,129035,000 35,000 -36,129 3.23% 247 - ECONOMIC DEVELOPMENT FUND 79,40180,62530,000 30,000 49,401 264.67% 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)12,1830201,000 201,000 -188,817 6.06% 250 - TRANSPORTATION DIF FUND 1,640,17176,171428,000 428,000 1,212,171 383.22% 251 - PARKS & REC DIF FUND 425,58840,014351,000 351,000 74,588 121.25% 252 - CIVIC CENTER DIF FUND 314,92723,370152,000 152,000 162,927 207.19% 253 - LIBRARY DEVELOPMENT DIF 80,1677,54350,000 50,000 30,167 160.33% 254 - COMMUNITY & CULTURAL CENTERS DIF 191,33918,16472,000 72,000 119,339 265.75% 255 - STREET FACILITY DIF FUND 31,463000 31,463 0.00% 256 - PARK FACILITY DIF FUND 40000 40 0.00% 257 - FIRE PROTECTION DIF 104,6887,01166,000 66,000 38,688 158.62% 270 - ART IN PUBLIC PLACES FUND 113,9952,751130,000 130,000 -16,005 87.69% 275 - LQ PUBLIC SAFETY OFFICER -2002,600 2,600 -2,620 0.76% 299 - INTEREST ALLOCATION FUND 885,615100,46000 885,615 0.00% 310 - LQ FINANCE AUTHORITY DEBT SERVICE 001,100 1,100 -1,100 0.00% 401 - CAPITAL IMPROVEMENT PROGRAMS 4,750,31194,8849,894,806 62,391,518 -57,641,207 7.61% 405 - SA PA 1 CAPITAL IMPRV FUND -458000 -458 0.00% 501 - FACILITY & FLEET REPLACEMENT 595,27901,222,750 1,222,750 -627,471 48.68% 502 - INFORMATION TECHNOLOGY 892,9152,0701,786,700 1,786,700 -893,785 49.98% 503 - PARK EQUIP & FACILITY FUND 245,60272,076400,000 400,000 -154,398 61.40% 504 - INSURANCE FUND 504,85701,010,800 1,010,800 -505,943 49.95% 601 - SILVERROCK RESORT 2,916,582654,9634,157,693 4,187,693 -1,271,111 69.65% 602 - SILVERROCK GOLF RESERVE -210067,000 67,000 -67,210 0.31% 760 - SUPPLEMENTAL PENSION PLAN -3806,000 6,000 -6,038 0.63% 761 - CERBT OPEB TRUST 77,015080,000 80,000 -2,985 96.27% 762 - PARS PENSION TRUST -290,433-156,580700,000 700,000 -990,433 41.49% Report Total:10,383,771 60,918,52589,594,439 149,080,673 -88,162,148 40.86% ATTACHMENT 1 Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report is the best resource for all final audited numbers. 61 For Fiscal: 2021/22 Period Ending: 02/28/2022 Page 2 of 3 Expenditure Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 20,815,9402,312,02055,162,726 70,624,237 49,808,298 29.47% 201 - GAS TAX FUND 976,67234,4672,007,500 2,984,683 2,008,011 32.72% 202 - LIBRARY & MUSEUM FUND 396,92339,3844,306,510 4,732,500 4,335,577 8.39% 203 - PUBLIC SAFETY FUND (MEASURE G)171,45200286,397 114,946 59.86% 210 - FEDERAL ASSISTANCE FUND 00148,350 148,350 148,350 0.00% 212 - SLESA (COPS) FUND 4,5760100,000 100,000 95,424 4.58% 215 - LIGHTING & LANDSCAPING FUND 1,242,954130,9112,257,400 2,257,400 1,014,446 55.06% 220 - QUIMBY FUND 330,300001,180,635 850,335 27.98% 221 - AB 939 - CALRECYCLE FUND 16,2210150,000 150,000 133,779 10.81% 223 - MEASURE A FUND 322,3611,5031,220,500 2,614,501 2,292,140 12.33% 225 - INFRASTRUCTURE FUND 00022,618 22,618 0.00% 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)9,750012,000 12,000 2,250 81.25% 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)005,000 5,000 5,000 0.00% 230 - CASp FUND, AB 1379 005,600 5,600 5,600 0.00% 231 - SUCCESSOR AGCY PA 1 RORF 13,502,588000 -13,502,588 0.00% 235 - SO COAST AIR QUALITY FUND 13,97170242,500 42,500 28,529 32.87% 237 - SUCCESSOR AGCY PA 1 ADMIN 3,500000 -3,500 0.00% 241 - HOUSING AUTHORITY 714,32080,0351,542,200 1,542,200 827,880 46.32% 243 - RDA LOW-MOD HOUSING FUND 7000250,000 250,000 249,300 0.28% 244 - HOUSING GRANTS (Multiple)13,66700160,000 146,333 8.54% 247 - ECONOMIC DEVELOPMENT FUND 16,76326321,500 21,500 4,737 77.97% 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)30,545020,000 20,000 -10,545 152.73% 250 - TRANSPORTATION DIF FUND 400,0000604,500 1,816,757 1,416,757 22.02% 253 - LIBRARY DEVELOPMENT DIF 0030,000 30,000 30,000 0.00% 254 - COMMUNITY & CULTURAL CENTERS DIF 00125,000 125,000 125,000 0.00% 270 - ART IN PUBLIC PLACES FUND 75,289300127,000 742,700 667,411 10.14% 310 - LQ FINANCE AUTHORITY DEBT SERVICE 001,100 1,100 1,100 0.00% 401 - CAPITAL IMPROVEMENT PROGRAMS 4,101,577320,0619,894,806 60,540,692 56,439,115 6.77% 405 - SA PA 1 CAPITAL IMPRV FUND 997,179001,128,751 131,572 88.34% 501 - FACILITY & FLEET REPLACEMENT 423,75338,4341,222,750 1,319,714 895,960 32.11% 502 - INFORMATION TECHNOLOGY 890,22158,1211,786,700 2,256,627 1,366,406 39.45% 503 - PARK EQUIP & FACILITY FUND 115,21971,956255,000 255,000 139,781 45.18% 504 - INSURANCE FUND 864,87913,989936,800 936,800 71,921 92.32% 601 - SILVERROCK RESORT 2,756,535412,2824,161,262 4,191,262 1,434,727 65.77% 602 - SILVERROCK GOLF RESERVE 00030,000 30,000 0.00% 760 - SUPPLEMENTAL PENSION PLAN 12,833012,850 12,850 17 99.87% 761 - CERBT OPEB TRUST 89501,500 1,500 605 59.69% 762 - PARS PENSION TRUST 40,3114,96952,000 52,000 11,689 77.52% Report Total:3,519,399 49,261,89586,463,054 160,600,875 111,338,980 30.67% Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report is the best resource for all final audited numbers. 62 Fund #Name Notes 101 General Fund The primary fund of the City used to account for all revenue and expenditures of the City; a broad range of municipal activities are provided through this fund. 201 Gas Tax Fund Gasoline sales tax allocations received from the State which are restricted to street-related expenditures. 202 Library and Museum Fund Revenues from property taxes and related expenditures for library and museum services. 203 Public Safety Fund General Fund Measure G sales tax revenue set aside for public safety expenditures. 210 Federal Assistance Fund Community Development Block Grant (CDBG) received from the federal government and the expenditures of those resources. 212 SLESF (COPS) Fund Supplemental Law Enforcement Services Funds (SLESF) received from the State for law enforcement activities. Also known as Citizen's Option for Public Safety (COPS). 215 Lighting & Landscaping Fund Special assessments levied on real property for city-wide lighting and landscape maintenance/improvements and the expenditures of those resources. 220 Quimby Fund Developer fees received under the provisions of the Quimby Act for park development and improvements. 221 AB939 Fund/Cal Recycle Franchise fees collected from the city waste hauler that are used to reduce waste sent to landfills through recycling efforts. Assembly Bill (AB) 939. 223 Measure A Fund County sales tax allocations which are restricted to street-related expenditures. 224 TUMF Fund Developer-paid Transportation Uniform Mitigation Fees (TUMF) utilized for traffic projects in Riverside County. 225 Infrastructure Fund Developer fees for the acquisition, construction or improvement of the City’s infrastructure as defined by Resolution 226 Emergency Mgmt. Performance Grant (EMPG)Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 227 State Homeland Security Programs (SHSP)Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 230 CASP Fund, AB1379 / SB1186 Certified Access Specialist (CASp) program fees for ADA Accessibility Improvements; derived from Business License renewals. Assembly Bill (AB) 1379 and Senate Bill (SB) 1186. 231 Successor Agency PA 1 RORF Fund Successor Agency (SA) Project Area (PA) 1 Redevelopment Obligation Retirement Fund (RORF) for Redevelopment Property Tax Trust Fund (RPTTF) taxes received for debt service payments on recognized obligations of the former Redevelopment Agency (RDA). 235 SO Coast Air Quality Fund (AB2766, PM10)Contributions from the South Coast Air Quality Management District. Uses are limited to the reduction and control of airborne pollutants. Assembly Bill (AB) 2766. 237 Successor Agency PA 1 Admin Fund Successor Agency (SA) Project Area (PA) 1 for administration of the Recognized Obligation Payment Schedule (ROPS) associated with the former Redevelopment Agency (RDA). 241 Housing Authority Activities of the Housing Authority which is to promote and provide quality affordable housing. 243 RDA Low-Moderate Housing Fund Activities of the Housing Authority which is to promote and provide quality affordable housing. Accounts for RDA loan repayments (20% for Housing) and housing programs,. 244 Housing Grants Activites related Local Early Action Planning (LEAP) and SB2 grants for housing planning and development. 247 Economic Development Fund Proceeds from sale of City-owned land; transferred from General Fund for future economic development. 249 SA 2011 Low/Mod Bond Fund Successor Agency (SA) low/moderate housing fund; 2011 bonds refinanced in 2016. 250 Transportation DIF Fund Developer impact fees collected for specific public improvements - transportation related. 251 Parks & Rec. DIF Fund Developer impact fees collected for specific public improvements - parks and recreation. 252 Civic Center DIF Fund Developer impact fees collected for specific public improvements - Civic Center. 253 Library Development DIF Fund Developer impact fees collected for specific public improvements - library. 254 Community Center DIF Fund Developer impact fees collected for specific public improvements - community center. 255 Street Facility DIF Fund Developer impact fees collected for specific public improvements - streets. 256 Park Facility DIF Fund Developer impact fees collected for specific public improvements - parks. 257 Fire Protection DIF Fund Developer impact fees collected for specific public improvements - fire protection. 270 Art In Public Places Fund Developer fees collected in lieu of art placement; utilized for acquisition, installation and maintenance of public artworks. 275 LQ Public Safety Officer Fund Annual transfer in from General Fund; distributed to public safety officers disabled or killed in the line of duty. 299 Interest Allocation Fund Interest earned on investments. 310 LQ Finance Authority Debt Service Fund Accounted for the debt service the Financing Authority’s outstanding debt and any related reporting requirements. This bond was fully paid in October 2018. 401 Capital Improvement Program Fund Planning, design, and construction of various capital projects throughout the City. 405 SA PA 1 Capital Improvement Fund Successor Agency (SA) Project Area (PA) 1 bond proceeds restricted by the bond indenture covenants. Used for SilverRock infrastructure improvements. 501 Equipment Replacement Fund Internal Service Fund for vehicles, heavy equipment, and related facilities. 502 Information Technology Fund Internal Service Fund for computer hardware and software and phone systems. 503 Park Equipment & Facility Fund Internal Service Fund for park equipment and facilities. 504 Insurance Fund Internal Service Fund for city-wide insurance coverages. 601 SilverRock Resort Fund Enterprise Fund for activities of the city-owned golf course. 602 SilverRock Golf Reserve Fund Enterprise Fund for golf course reserves for capital improvements. 760 Supplemental Pension Plan (PARS Account)Supplemental pension savings plan for excess retiree benefits to general employees of the City. 761 Other Post Benefit Obligation Trust (OPEB)For retiree medical benefits and unfunded liabilities. 762 Pension Trust Benefit (PARS Account)For all pension-related benefits and unfunded liabilities. Fund Descriptions Page 3 of 3 63 64 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED APRIL 15, AND 22, 2022 RECOMMENDATION Approve demand registers dated April 15, and 22, 2022. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 4,099,715.31$ Successor Agency of RDA -$ Housing Authority 12,748.85$ 4,112,464.16$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for April 15, and 22, 2022. Warrants Issued: 207534-207584 340,634.18$ 207585-207640 185,735.72$ Wire Transfers 3,336,871.89$ Payroll Tax Transfers 44,073.31$ Payroll Direct Deposit 205,149.06$ 4,112,464.16$ CONSENT CALENDAR ITEM NO. 9 65 The most significant expenditures on the demand registers are: Vendor Account Name Amount Purpose National Auto Fleet Group(1)Vehicles 262,021.86$ Purchase Five Fleet Upfitted Vehicles. NAI Consulting, Inc.Professional Services & Consultants 26,950.00$ 03/2022 Construction & Engineering Services Bank of The West Various 19,814.98$ Bank Card Payment For Operational Purchases Made By Several Departments PWLC II, Inc.Maintenance/Services 17,420.00$ Landscape Maintenance Services Vintage Associates Various 17,342.13$ Purchase of 18 Trees For Avenue 54 Median & Bear Creek Trail Landscape Services (1)Payments were made on 04/15/22 & 04/22/22. Wire Transfers: Twenty transfers totaled $3,336,872. Of this amount, $3 million was to The Bank of New York Mellon for investment purchases, and $249,017 was to Landmark. (See Attachment 2 for a complete listing). Investment Transactions: Full details of investment transactions as well as total holdings are reported quarterly in the Treasurer’s Report. Prepared by: Jesse Batres, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments: 1. Demand Registers 2.Wire Transfers Transaction Issuer Type Par Value Settle Date Coupon Rate Purchase Federal Home Loan Bank Agency 500,000$ 4/14/22 2.500% Purchase Comenity Capital Bank CD 248,000$ 4/14/22 2.650% Purchase Federal Home Loan Bank Agency 1,000,000$ 4/19/22 2.700% Purchase Ally Bank CD 245,000$ 4/21/22 2.550% Purchase Leader Bank CD 245,000$ 4/22/22 2.550% 66 4/25/2022 4:48:35 PM Page 1 of 5 Demand Register City of La Quinta Packet: APPKT03108 - 04/15/2022 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 545.75Professional Services04/2022 - STVR HOTLINE207541CENTRAL COMMUNICATIONS 101-6004-60103 4,816.50Map/Plan Checking12/2021 - ON CALL MAP CHECKING SVCS207582WILLDAN 101-7002-60183 1,624.45Community Experiences04/30/20 - SNOW CONES FOR CITY PICNIC…207574THE CONE ZONE 101-3003-60149 621.55Marketing & Tourism Promoti…03/28/22 - ART GLASS CRYSTAL AWARD207566PALMS TO PINES PRINTING 101-3007-60461 742.34Marketing & Tourism Promoti…03/29/22 - RING FLYER FRISBEE (500)207566PALMS TO PINES PRINTING 101-3007-60461 1,603.98Marketing & Tourism Promoti…03/28/22 - POP UP TOYS (500)207566PALMS TO PINES PRINTING 101-3007-60461 99.60Subscriptions & Publications04/12/22 - ACEC CEQA GUIDE BOOKS207535AMERICAN COUNCIL OF ENGI…101-6001-60352 298.79Subscriptions & Publications04/12/22 - ACEC CEQA GUIDE BOOKS207535AMERICAN COUNCIL OF ENGI…101-6002-60352 114.28Cable/Internet - Utilities03/24-04/23/22 - FS #93 CABLE (2415)207542CHARTER COMMUNICATIONS …101-2002-61400 99.99Cable/Internet - Utilities04/03-05/02/22 - FS #93 INTERNET (3514)207542CHARTER COMMUNICATIONS …101-2002-61400 99.99Cable/Internet - Utilities03/29-04/28/22 - FS #32 INTERNET (6491)207542CHARTER COMMUNICATIONS …101-2002-61400 935.00HVAC03/31/22 - SRR EVENT BLDG A/C MAINT S…207552FROSTY'S AIR CONDITIONING …101-3008-60667 215.00Membership Dues2022-2023 CALBO MEMBERSHIP A.ORTEGA207540CALIFORNIA BUILDING OFFICI…101-6003-60351 179.43Safety Gear10/14/21 - SAFETY BOOTS A.CABRERA207556JERNIGAN'S, INC 101-7006-60427 196.00Instructors2/23/22 - GENTLE YOGA CLASS207580VIELHARBER, KAREN 101-3002-60107 56.00Instructors02/23/22 - YOGA INDOORS CLASS207544CORTEZ, ELISABETH 101-3002-60107 109.20Instructors02/23/22 - YOGA DI CLASSES207544CORTEZ, ELISABETH 101-3002-60107 45.50Instructors02/23/22 - GENTLE YOGA CLASSES207580VIELHARBER, KAREN 101-3002-60107 27.30Instructors02/23/22 - GENTLE YOGA CLASS207580VIELHARBER, KAREN 101-3002-60107 40.00Travel & Training04/19/22 - WEBINAR K.MEREDITH207539CACEO 101-6004-60320 40.00Travel & Training04/19/22 - WEBINAR M.SALAS207539CACEO 101-6004-60320 40.00Travel & Training04/19/22 - WEBINAR G.DUCHENE207539CACEO 101-6004-60320 40.00Travel & Training04/19/22 - WEBINAR A.MORENO207539CACEO 101-6004-60320 40.00Travel & Training04/19/22 - WEBINAR C.GAMEZ207539CACEO 101-6004-60320 2,985.00Consultants03/2022 - CAPITAL IMPROVEMENT PLAN207561NAI CONSULTING INC 101-7006-60104 1,500.00Marketing & Tourism Promoti…04/2022 - PRINT ADS207569PREMIER MEDIA GROUP 101-3007-60461 126.76PM 10 - Dust Control03/14-04/10/22 - PM 10 ANSWERING SER…207537ANSAFONE CONTACT CENTERS 101-7006-60146 250.00Materials/Supplies04/07/22 - IRRIGATION CONTROLLER INS…207581VINTAGE ASSOCIATES 101-3005-60431 382.66Printing04/01/22 - PAPER FANS FOR SPRING BUSI…207584XPRESS GRAPHICS 101-3007-60410 59.15Office Supplies04/01/22 - OFFICE SUPPLIES207564OFFICE DEPOT 101-6004-60400 1.61Office Supplies04/01/22 - PENCILS207564OFFICE DEPOT 101-6004-60400 3,418.38Community Special Events2022 STATE OF THE CITY EVENT AV SERVI…207560LH PRODUCTIONS 101-1001-60137 95.00Membership Dues04/05/22 - MEMBERSHIP DUES C.GAMEZ207539CACEO 101-6004-60351 95.00Membership Dues04/05/22 - MEMBERSHIP DUES B.RODRIG…207539CACEO 101-6004-60351 250.00Marketing & Tourism Promoti…04/07/22 - PHOTOGRAPHY SERVICES207554GREEN, LAURA R.101-3007-60461 145.00Blood/Alcohol Testing02/28/22 - BLOOD/ALCOHOL ANALYSIS207538BIO-TOX LABORATORIES 101-2001-60174 830.00Blood/Alcohol Testing03/17/22 - BLOOD/ALCOHOL ANALYSIS207538BIO-TOX LABORATORIES 101-2001-60174 271.00Sheriff - Other02/23/22 - POLICE TOW LA220230068207583WOOD, RUSSELL DAVID 101-2001-60176 244.88Blood/Alcohol Testing03/22/22 - BLOOD/ALCOHOL ANALYSIS207536AMERICAN FORENSIC NURSES …101-2001-60174 3,360.00Plan Checks02/2022 - ONCALL PLAN REVIEW207548ESGIL CORPORATION 101-6003-60118 15.88Postage03/14/22 - OVERNIGHT MAIL207549FEDEX 101-1007-60470 13,475.17Plan Checks02/2022 - INSPECTION SERVICES207555INTERWEST CONSULTING GR…101-6003-60118 8,955.67Marketing & Tourism Promoti…03/2022 INVOICES & 04/2022 RETAINER207557JNS MEDIA SPECIALISTS 101-3007-60461 2,450.00Marketing & Tourism Promoti…04/2022 - THE GUIDE PRINT ADS207546DESERT PUBLICATIONS INC 101-3007-60461 660.00Security & Alarm4/1-6/30/22 - ALARM MONITORING SVCS207534ALARM MONITORING SERVICE…101-3008-60123 510.00Fire Station04/01-06/30/22 - FIRE ALARM MONITORI…207534ALARM MONITORING SERVICE…101-2002-60670 510.00Security & Alarm04/01-06/30/22 - FIRE ALARM MONITORI…207534ALARM MONITORING SERVICE…101-3008-60123 975.00Security & Alarm04/04/22 - SRR EVENT SITE ALARM SYSTE…207534ALARM MONITORING SERVICE…101-3008-60123 875.90Telephone - Utilities02/26-03/25/22 - LQPD CELL (6852)207579VERIZON WIRELESS 101-2001-61300 227.00Sales Taxes Payable1/1-03/31/22 - 1ST QRT SALES AND USE T…207572SILVERROCK RESORT 101-0000-20304 571.63Cable/Internet - Utilities03/26-04/25/22 - POLICE INTERNET207551FRONTIER COMMUNICATIONS…101-2002-61400 47.34Telephone - Utilities04/2022 - LQ PARK PHONE207551FRONTIER COMMUNICATIONS…101-3005-61300 38.20Telephone - Utilities03/28-04/27/22 - SPORTS COMPLEX PHO…207551FRONTIER COMMUNICATIONS…101-3005-61300 ATTACHMENT 1 67 Demand Register Packet: APPKT03108 - 04/15/2022 JB 4/25/2022 4:48:35 PM Page 2 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 1,521.00HVAC03/21/22 - CH HVAC PREVENTATIVE MAIN…207565PACIFIC WEST AIR CONDITION…101-3008-60667 125.00HVAC04/01/22 - CH WATER TREATMENT207565PACIFIC WEST AIR CONDITION…101-3008-60667 -145.38Sales Taxes Payable4/5/22-ADAMS PARK SHADE FABRIC REPL…207559KOMPAN INC 101-0000-20304 1,539.28Vision Insurance Pay03/2022 - VISION INSURANCE207573STANDARD INSURANCE COMP…101-0000-20945 800.00Sexual Assault Exam Fees02/23/22 - SEXUAL ASSAULT EXAM LA220…207547EISENHOWER MEDICAL CENTER 101-2001-60193 800.00Sexual Assault Exam Fees01/24/22 - SEXUAL ASSAULT EXAM LA220…207547EISENHOWER MEDICAL CENTER 101-2001-60193 240.00Fritz Burns Pool Maintenance04/2022 - FB POOL CAT 5000 COMPUTER…207563OCEAN SPRINGS TECH INC 101-3005-60184 226.61Fritz Burns Pool Maintenance03/29/22 - FB POOL CIRCULATION PUMP …207563OCEAN SPRINGS TECH INC 101-3005-60184 328.38Operating Supplies10/2021 - RADIO MAINTENANCE207545COUNTY OF RIVERSIDE PUBLIC…101-2001-60420 328.38Operating Supplies11/2021 - RADIO MAINTENANCE207545COUNTY OF RIVERSIDE PUBLIC…101-2001-60420 328.38Operating Supplies01/2022 - RADIO MAINTENANCE207545COUNTY OF RIVERSIDE PUBLIC…101-2001-60420 Fund 101 - GENERAL FUND Total:62,048.53 Fund: 201 - GAS TAX FUND 67.75Materials/Supplies04/2022 - DIG ALERT FEES207578UNDERGROUND SERVICE ALERT 201-7003-60431 Fund 201 - GAS TAX FUND Total:67.75 Fund: 202 - LIBRARY & MUSEUM FUND 120.00Maintenance/Services4/6/22 - LIBRARY FRONT DOOR REPAIRS207576THE LOCK SHOP, INC 202-3004-60691 165.00Security & Alarm4/1-6/30/22 - ALARM MONITORING SVCS207534ALARM MONITORING SERVICE…202-3004-60123 165.00Security & Alarm4/1-6/30/22 - ALARM MONITORING SVCS207534ALARM MONITORING SERVICE…202-3006-60123 255.00Security & Alarm04/01-06/30/22 - FIRE ALARM MONITORI…207534ALARM MONITORING SERVICE…202-3004-60123 255.00Security & Alarm04/01-06/30/22 - FIRE ALARM MONITORI…207534ALARM MONITORING SERVICE…202-3006-60123 165.00Security & Alarm04/01-06/30/22 - LUMBER YARD MONITO…207534ALARM MONITORING SERVICE…202-3006-60123 125.00HVAC04/01/22 - LIBRARY WATER TREATMENT207565PACIFIC WEST AIR CONDITION…202-3004-60667 72.75HVAC04/06/22 - LIBRARY HVAC PARTS207558JOHNSTONE SUPPLY 202-3004-60667 Fund 202 - LIBRARY & MUSEUM FUND Total:1,322.75 Fund: 215 - LIGHTING & LANDSCAPING FUND 11,152.13Materials/Supplies03/23/22 OLEA EUROPAEA WILSONII TREE…207581VINTAGE ASSOCIATES 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:11,152.13 Fund: 235 - SO COAST AIR QUALITY FUND 9,362.03CVAG10/01-12/31/21 - VEHICEL REGISTRATION…207543COACHELLA VALLEY ASSOC OF…235-0000-60186 Fund 235 - SO COAST AIR QUALITY FUND Total:9,362.03 Fund: 270 - ART IN PUBLIC PLACES FUND 800.00APP Maintenance04/2022 - APP MAINTENANCE207571SIGNATURE SCULPTURE 270-0000-60683 160.33Art Purchases03/09/22 - APP PLAQUES207568POWERS AWARDS INC 270-0000-74800 Fund 270 - ART IN PUBLIC PLACES FUND Total:960.33 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 1,625.00Professional Services03/2022 - JEFFERSON STREET AT AVENUE …207561NAI CONSULTING INC 401-0000-60103 1,860.00Professional Services03/2022 - VILLAGE ART/CULTURAL PLAZA207561NAI CONSULTING INC 401-0000-60103 2,170.00Professional Services03/2022 - PAVEMENT MANAGEMENT PLA…207561NAI CONSULTING INC 401-0000-60103 1,507.50Professional Services03/2022- SRR RETENTION BASIN SOIL STA…207561NAI CONSULTING INC 401-0000-60103 2,325.00Professional Services03/2022 - LA QUINTA X PARK207561NAI CONSULTING INC 401-0000-60103 310.00Professional Services03/2022 - SILVERROCK EVENT SPACE207561NAI CONSULTING INC 401-0000-60103 112.50Professional Services03/2022 DUNE PALMS RD PAV REHAB FR…207561NAI CONSULTING INC 401-0000-60103 850.00Professional Services03/2022 - CITYWIDE MISC ADA IMPROVE…207561NAI CONSULTING INC 401-0000-60103 3,185.00Professional Services03/2022 - DUNE PALMS BRIDGE IMPROV…207561NAI CONSULTING INC 401-0000-60103 37.50Professional Services03/2022 - FIRE STATION 70 REVITALIZATI…207561NAI CONSULTING INC 401-0000-60103 1,860.00Professional Services03/2022 - HIGHWAY 111 CORRIDOR207561NAI CONSULTING INC 401-0000-60103 775.00Professional Services03/2022 - FRITZ BURNS PARK IMPROVEM…207561NAI CONSULTING INC 401-0000-60103 2,415.00Professional Services03/2022 - CITYWIDE STRIPPING REFRESH207561NAI CONSULTING INC 401-0000-60103 4,932.50Professional Services03/2022 - LQ LANDSCAPE RENOVATION I…207561NAI CONSULTING INC 401-0000-60103 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:23,965.00 Fund: 501 - FACILITY & FLEET REPLACEMENT 1,047.33Parts, Accessories, and Upfits04/01/22 - CITY VEHICLE DECALS207567PLANIT REPROGRAPHICS SYST…501-0000-60675 5,036.24Fuel & Oil03/16-03/31/22 - FUEL207577TOWER ENERGY GROUP 501-0000-60674 819.59Vehicle Repair & Maintenance03/2022 - CAR WASH MEMBERSHIP207570S&D CARWASH MANAGEMENT…501-0000-60676 13.00Street Sweeper03/01-04/01/22 - SWEEPER FUEL207575THE GAS COMPANY 501-0000-60678 1,710.40Fuel & Oil03/2022 - FUEL CHARGES207553FUELMAN 501-0000-60674 52,404.37Vehicles, Purchased04/07/22 - CHEVROLET SILVERADO 3500 …207562NATIONAL AUTO FLEET GROUP 501-0000-71031 68 Demand Register Packet: APPKT03108 - 04/15/2022 JB 4/25/2022 4:48:35 PM Page 3 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 52,404.37Vehicles, Purchased04/07/22 - CHEVROLET SILVERADO 3500 …207562NATIONAL AUTO FLEET GROUP 501-0000-71031 52,404.37Vehicles, Purchased4/7/22 - CHEVROLET SILVERADO 3500 TR…207562NATIONAL AUTO FLEET GROUP 501-0000-71031 52,404.37Vehicles, Purchased04/07/22 - CHEVROLET SILVERADO 3500 …207562NATIONAL AUTO FLEET GROUP 501-0000-71031 Fund 501 - FACILITY & FLEET REPLACEMENT Total:218,244.04 Fund: 502 - INFORMATION TECHNOLOGY 170.85Cable/Internet - Utilities04/2022 - CH CABLE (4625)207542CHARTER COMMUNICATIONS …502-0000-61400 267.82Cable/Internet - Utilities03/24-04/23/22 - WC CABLE (4601)207542CHARTER COMMUNICATIONS …502-0000-61400 1,500.00Consultants03/2022 - CC VIDEO STREAMING207550FISHER INTEGRATED INC 502-0000-60104 1,100.00Consultants03/2022 - MONTHLY FEE207550FISHER INTEGRATED INC 502-0000-60104 66.17Cable/Internet - Utilities03/02-04/01/22 - BACKUP SERVER (2183)207579VERIZON WIRELESS 502-0000-61400 1,153.24Cell/Mobile Phones03/02-04/01/22 - CITY IPADS (5587)207579VERIZON WIRELESS 502-0000-61301 2,902.74Cell/Mobile Phones03/02-04/01/22 - CITY CELL SVC (5496)207579VERIZON WIRELESS 502-0000-61301 85.98Cable/Internet - Utilities03/25-04/24/22 - CH INTERNET207551FRONTIER COMMUNICATIONS…502-0000-61400 75.98Cable/Internet - Utilities03/27-04/26/22 - BLACKHAWK/LQ PARK D…207551FRONTIER COMMUNICATIONS…502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total:7,322.78 Fund: 503 - PARK EQUIP & FACILITY FUND 5,008.84Parks04/05/22 - ADAMS PARK SHADE FABRIC R…207559KOMPAN INC 503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:5,008.84 Fund: 601 - SILVERROCK RESORT 1,180.00Repair & Maintenance03/29/22 - SRR GRILL A/C MAINTENANCE …207552FROSTY'S AIR CONDITIONING …601-0000-60660 Fund 601 - SILVERROCK RESORT Total:1,180.00 Grand Total:340,634.18 69 Demand Register Packet: APPKT03108 - 04/15/2022 JB 4/25/2022 4:48:35 PM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 62,048.53 201 - GAS TAX FUND 67.75 202 - LIBRARY & MUSEUM FUND 1,322.75 215 - LIGHTING & LANDSCAPING FUND 11,152.13 235 - SO COAST AIR QUALITY FUND 9,362.03 270 - ART IN PUBLIC PLACES FUND 960.33 401 - CAPITAL IMPROVEMENT PROGRAMS 23,965.00 501 - FACILITY & FLEET REPLACEMENT 218,244.04 502 - INFORMATION TECHNOLOGY 7,322.78 503 - PARK EQUIP & FACILITY FUND 5,008.84 601 - SILVERROCK RESORT 1,180.00 Grand Total:340,634.18 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable 81.62 101-0000-20945 Vision Insurance Pay 1,539.28 101-1001-60137 Community Special Events 3,418.38 101-1007-60470 Postage 15.88 101-2001-60174 Blood/Alcohol Testing 1,219.88 101-2001-60176 Sheriff - Other 271.00 101-2001-60193 Sexual Assault Exam Fees 1,600.00 101-2001-60420 Operating Supplies 985.14 101-2001-61300 Telephone - Utilities 875.90 101-2002-60670 Fire Station 510.00 101-2002-61400 Cable/Internet - Utilities 885.89 101-3002-60107 Instructors 434.00 101-3003-60149 Community Experiences 1,624.45 101-3005-60184 Fritz Burns Pool Maintena…466.61 101-3005-60431 Materials/Supplies 250.00 101-3005-61300 Telephone - Utilities 85.54 101-3007-60410 Printing 382.66 101-3007-60461 Marketing & Tourism Pro…16,123.54 101-3008-60123 Security & Alarm 2,145.00 101-3008-60667 HVAC 2,581.00 101-6001-60352 Subscriptions & Publicati…99.60 101-6002-60352 Subscriptions & Publicati…298.79 101-6003-60118 Plan Checks 16,835.17 101-6003-60351 Membership Dues 215.00 101-6004-60103 Professional Services 545.75 101-6004-60320 Travel & Training 200.00 101-6004-60351 Membership Dues 190.00 101-6004-60400 Office Supplies 60.76 101-7002-60183 Map/Plan Checking 4,816.50 101-7006-60104 Consultants 2,985.00 101-7006-60146 PM 10 - Dust Control 126.76 101-7006-60427 Safety Gear 179.43 201-7003-60431 Materials/Supplies 67.75 202-3004-60123 Security & Alarm 420.00 202-3004-60667 HVAC 197.75 202-3004-60691 Maintenance/Services 120.00 202-3006-60123 Security & Alarm 585.00 215-7004-60431 Materials/Supplies 11,152.13 235-0000-60186 CVAG 9,362.03 270-0000-60683 APP Maintenance 800.00 270-0000-74800 Art Purchases 160.33 401-0000-60103 Professional Services 23,965.00 501-0000-60674 Fuel & Oil 6,746.64 501-0000-60675 Parts, Accessories, and Up…1,047.33 70 Demand Register Packet: APPKT03108 - 04/15/2022 JB 4/25/2022 4:48:35 PM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 501-0000-60676 Vehicle Repair & Mainte…819.59 501-0000-60678 Street Sweeper 13.00 501-0000-71031 Vehicles, Purchased 209,617.48 502-0000-60104 Consultants 2,600.00 502-0000-61301 Cell/Mobile Phones 4,055.98 502-0000-61400 Cable/Internet - Utilities 666.80 503-0000-71060 Parks 5,008.84 601-0000-60660 Repair & Maintenance 1,180.00 Grand Total:340,634.18 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**300,365.98**None****None** 111205P 3,185.00Professional Expense Dune Palms Bridge Imp/BRLKS-5433(014) 151609P 2,325.00Professional Expense La Quinta X Park 201603P 4,932.50Professional Expense La Quinta Landscape Renovation Improvement 201608P 310.00Professional Expense SilverRock Event Space 201709P 1,625.00Professional Expense Ave 53 Jefferson St.Roundabout 201804E 11,152.13Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements 201901P 1,860.00Professional Expense Village Art Plaza Promenade & Cultural Campus 201905P 1,860.00Professional Expense Highway 111 Corridor Area Plan Implementation 201907P 37.50Professional Expense Fire Station 70 Revitalization 202007P 1,507.50Professional Expense SilverRock Retention Basin Soil Stabilization 202101P 112.50Professional Expense Dune Palms Rd Pavement Rehab-Fred Waring to Miles 202102P 775.00Professional Expense Fritz Burns Park Improvements 202103P 850.00Professional Expense Citywide Miscellaneous ADA Improvements 202104P 2,415.00Professional Expense Citywide Striping Refresh 2122PMPP 2,170.00Professional Expense FY21/22 Pavement Management Plan BDAYE 4,592.32City Picnic & Birthday Celebration Ex…City Picnic & Birthday Celebration CSA152E 13.00CSA 152 Expenses CSA 152 Project Tracking STVRE 545.75Short Term Vacation Rental Expense Short Term Vacation Rental Tracking Grand Total:340,634.18 71 4/25/2022 4:45:38 PM Page 1 of 6 Demand Register City of La Quinta Packet: APPKT03112 - 04/22/22 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 221.25Garnishments PayableGARNISHMENT207605FRANCHISE TAX BOARD 101-0000-20985 37.00United Way DeductionsCONTRIBUTION207638UNITED WAY OF THE DESERT 101-0000-20981 441.00Advertising02/25/22 - PHN CALEO BAY ADVERTISING207602DESERT SUN PUBLISHING, LLC 101-6002-60450 434.28Advertising02/12/22 - PHN POLO VILLAS ADVERTISING207602DESERT SUN PUBLISHING, LLC 101-6002-60450 441.00Advertising02/04/22 - PHN HE GPA 2020-0001 ADVE…207602DESERT SUN PUBLISHING, LLC 101-6002-60450 441.00Advertising02/04/22 - PHN POLO VILLAS ADVERTISING207602DESERT SUN PUBLISHING, LLC 101-6002-60450 895.40Advertising02/13-02/20/22 - PUBLIC NOTICE OF PUBL…207602DESERT SUN PUBLISHING, LLC 101-7002-60450 124.85Uniforms03/29/22 - CODE UNIFORMS M.SALAS207607GALLS LLC 101-6004-60690 10.51Cable/Internet - Utilities04/05-05/04/22 - FS #32 INTERNET (1841)207597CHARTER COMMUNICATIONS …101-2002-61400 -10.50Sales Taxes Payable04/06/22 - DAILY CASH BAGS (400) SALE T…207629SECURE PRODUCTS CORPORAT…101-0000-20304 146.08Office Supplies04/06/22 - DAILY CASH BAGS (400)207629SECURE PRODUCTS CORPORAT…101-1006-60400 180.80Materials/Supplies04/11/22 - PAINT207635THE SHERWIN-WILLIAMS CO.101-3008-60431 1,556.25Professional Services02/21-03/30/22 - CLERK'S OFFICE ASSIST…207616MAYSELS, SUSAN MULLIN 101-1005-60103 305.53Professional Services04/2022 - ARMORED SERVICE207608GARDAWORLD 101-1006-60103 2,890.00Marketing & Tourism Promoti…04/22-05/1/22 - DIGITAL BILLBOARDS207634THE LAMAR COMPANIES 101-3007-60461 165.00Consultants/Employee Services02/02/22 - PRE EMPLOYMENT PHYSICALS207603EISENHOWER OCCUPATIONAL…101-1004-60104 380.00Recruiting/Pre-Employment03/2022 - PRE EMPLOYMENT PHYSICALS207603EISENHOWER OCCUPATIONAL…101-1004-60129 168.16Operating Supplies3/23/22 & 04/06/22 - DRINKING WATER207631SPARKLETTS 101-7003-60420 10,000.00Boys & Girls Club04/01-06/30/22 - JOINT FACILITY USE207594BOYS & GIRLS CLUB OF COACH…101-3001-60135 3,500.00Contract Services - Administrat…05/2022 - LOBBYIST SERVICES207614JOE A GONSALVES & SON 101-1002-60101 8,200.00Marketing & Tourism Promoti…03/2022 & 04/2022 CREATIVE RETAINER207588ARK CONNECTS LLC 101-3007-60461 298.80Recruiting/Pre-Employment03/2022 - PRE EMPLOYMENT BACKGROU…207612IRC CORPORATION 101-1004-60129 26.00Professional Services02/2022 - ARMORED SERVICE207608GARDAWORLD 101-1006-60103 6,350.00Community Experiences04/30/22 - CITY BDAY PICNIC ACTIVITIES207623PARTY PALS 101-3003-60149 4,708.00Maintenance/Services04/5-04/7/22 - BEAR CREEK MAINTENANC…207639VINTAGE ASSOCIATES 101-3005-60691 1,232.00Maintenance/Services04/04/22 - BEAR CREEK MAINTENANCE S…207639VINTAGE ASSOCIATES 101-3005-60691 72.56Office Supplies04/14/22 - OFFICE SUPPLIES207621OFFICE DEPOT 101-1006-60400 29.35Office Supplies04/14/22 - OFFICE HEATER/FAN D.ARME…207621OFFICE DEPOT 101-1006-60400 113.78Citywide Supplies04/14/22 - CITYWIDE COFFEE SUPPLIES207621OFFICE DEPOT 101-1007-60403 58.08Office Supplies04/04/22 - OFFICE SUPPLIES207621OFFICE DEPOT 101-6004-60400 -12.71Office Supplies04/13/22 - OFFICE SUPPLIES RETURN207621OFFICE DEPOT 101-6004-60400 4,273.50Prepaid Expense7/01/22-6/30/23- GRANT WRITING SVCS …207596CARAHSOFT TECHNOLOGY CO…101-0000-13600 97.33Materials/Supplies04/08/22 - LAMP BULBS (10)207599CONSOLIDATED ELECTRICAL DI…101-3008-60431 369.64Community Experiences03/21/22 - EASEL DISPLAYS (10)207632STAPLES ADVANTAGE 101-3003-60149 48.20Office Supplies03/30/22 - OFFICE SUPPLIES207632STAPLES ADVANTAGE 101-1004-60400 -48.82Materials/Supplies03/29/22 - IRRIGATION PART RETURN207630SMITH PIPE & SUPPLY CO 101-3005-60431 455.27Materials/Supplies03/29/22 - IRRIGATION PARTS207630SMITH PIPE & SUPPLY CO 101-3005-60431 680.00Map/Plan Checking04/12/22 - LLA 2022-0003 ONCALL MAP C…207626RASA/ERIC NELSON 101-7002-60183 135.00Map/Plan Checking04/12/22 - PMER 2022-0003 ONCALL MAP…207626RASA/ERIC NELSON 101-7002-60183 64.00Recruiting/Pre-Employment03/2022 - LIVESCAN FINGERPRINTING207600DEPARTMENT OF JUSTICE 101-1004-60129 814.50Temporary Agency Services04/01/22 - TEMP AGENCY SERVICES T.SU…207627ROBERT HALF 101-1005-60125 675.80Temporary Agency Services04/08/22 - TEMP AGENCY SERVICES J.AG…207627ROBERT HALF 101-6004-60125 245.00Janitorial03/31/22 - ALONGI BUILDING CLEANING207617MERCHANTS BUILDING MAINT…101-3008-60115 20.01Postage03/30/22 - OVERNIGH MAIL207604FEDEX 101-1007-60470 60.00Special Enforcement Funds12/28-12/29/21 - POLICE GPS LOCATE LA2…207636T-MOBILE 101-2001-60175 162.00Security & Alarm4/01-06/30/22 - SRR EVENT BLDG ALARM…207587ALARM MONITORING SERVICE…101-3008-60123 631.65Maintenance/Services04/01-06/30/22 - CH ELEVATOR MAINTEN…207615KONE INC 101-3008-60691 300.00Community Experiences04/30/22 - ENTERTAINMENT FOR CITY BD…207592BELANICH, TOMM 101-3003-60149 3,648.15Professional Services04/2022 - SECURITY PATROL SERVICES207601DESERT RESORT MANAGEMENT 101-6004-60103 227.29Typewriters03/02/22-03/01/23 - TYPERWRITER MAIN…207586ADVANCED IMAGING SOLUTI…101-1007-60663 3,820.00Professional Services05/2022 - STVR PERMITTING SOFTWARE207609GOVOS, INC.101-6006-60103 30.00Recruiting/Pre-Employment03/2022 - PRE-EMPLOYMENT FINGERPRIN…207585111 NOTARY SERVICES 101-1004-60129 109.90Gas - Utilities03/02-03/31/22 - FS #93 GAS SVC207633THE GAS COMPANY 101-2002-61100 72 Demand Register Packet: APPKT03112 - 04/22/22 JB 4/25/2022 4:45:38 PM Page 2 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 288.55Travel & Training2/16-2/18/22- CSMFO CONFERENCE HOTE…207589BANK OF THE WEST 101-1006-60320 95.00Travel & Training01/20/22 - CMTA TRAINING R.HALLICK207589BANK OF THE WEST 101-1006-60320 517.57Community Experiences03/08/22 - EASTER EVENT SUPPLIES207589BANK OF THE WEST 101-3003-60149 360.00Credit Card Fees03/01-03/31/22 - ANNUAL MEMEBRSHIP …207589BANK OF THE WEST 101-1006-60122 454.86Travel & Training03/30/22 - APWA PUBLIC WORKS EXPO L…207589BANK OF THE WEST 101-7001-60320 379.00Travel & Training03/02/22 - CONSTRUCTION PAYROLL CO…207589BANK OF THE WEST 101-7001-60320 74.12Recruiting/Pre-Employment03/16/22 - INTERVIEW PANEL LUNCH207589BANK OF THE WEST 101-1004-60129 75.00Recruiting/Pre-Employment03/29/22 - RECRUITMENT AD207589BANK OF THE WEST 101-1004-60129 83.15Recruiting/Pre-Employment03/09/22 - INTERVIEW PANEL LUNCH207589BANK OF THE WEST 101-1004-60129 117.17Office Supplies02/28/22 - OFFICE LEGAL PADS & USB FLA…207589BANK OF THE WEST 101-1005-60400 76.12Operating Supplies03/24/22 - ELECTION CODE BOOKS (2)207589BANK OF THE WEST 101-1005-60420 59.80Office Supplies03/03/22 - KEY LOCK BOX207589BANK OF THE WEST 101-1006-60400 94.59Citywide Supplies03/03/22 - CITYWIDE COFFEE SUPPLIES207589BANK OF THE WEST 101-1007-60403 37.82Citywide Supplies03/21/22 - CITYWIDE COFFEE/TEA207589BANK OF THE WEST 101-1007-60403 719.56Operating Supplies03/15/22 - FITNESS GYM WIPES207589BANK OF THE WEST 101-3002-60420 251.13Community Experiences03/09/22 - KIDS KITE MAKING KITS (66)207589BANK OF THE WEST 101-3003-60149 58.68Community Experiences03/28/22 - EASTER EVENT SUPPLIES207589BANK OF THE WEST 101-3003-60149 24.96Fritz Burns Pool Maintenance03/16/22 - NO DIVING SIGNAGE FOR FB P…207589BANK OF THE WEST 101-3005-60184 26.09Fritz Burns Pool Maintenance03/16/22 - KEEP GATE CLOSED SIGNAGE F…207589BANK OF THE WEST 101-3005-60184 25.75Fritz Burns Pool Maintenance03/16/22 - CPR GUIDELINES SIGNAGE FOR…207589BANK OF THE WEST 101-3005-60184 35.83Fritz Burns Pool Maintenance03/16/22 - 911 SIGNAGE FOR FB POOL207589BANK OF THE WEST 101-3005-60184 130.00Membership Dues03/2022 - MAILCHIMP207589BANK OF THE WEST 101-3007-60351 19.95Marketing & Tourism Promoti…03/25/22 - APPLE MUSIC M.GRAHAM207589BANK OF THE WEST 101-3007-60461 278.87Marketing & Tourism Promoti…02/28/22 - FB BOOSTED ADS207589BANK OF THE WEST 101-3007-60461 0.99Marketing & Tourism Promoti…03/22/22 - ICLOUD STORAGE K.CAMARENA207589BANK OF THE WEST 101-3007-60461 16.30Operating Supplies03/14/22 - GLASS CLEANING WIPES207589BANK OF THE WEST 101-6001-60420 280.56Operating Supplies03/15/22 - LAPTOP CHARGERS (2)207589BANK OF THE WEST 101-6001-60420 41.75Travel & Training03/14/22 - PLANNING TRAINING BOOKS207589BANK OF THE WEST 101-6002-60320 6.49Operating Supplies03/22/22 - SNACKS FOR PLANNING COMM…207589BANK OF THE WEST 101-6001-60420 61.30Operating Supplies03/20/22 - FOOD FOR PLANNING COMMI…207589BANK OF THE WEST 101-6001-60420 15.59Operating Supplies03/20/22 - SNACKS FOR PLANNING COMM…207589BANK OF THE WEST 101-6001-60420 150.00Materials/Supplies03/22/22 - IQ DATA PLAN RENEWAL207589BANK OF THE WEST 101-3005-60431 77.96Citywide Supplies03/02/22 - COFFEE SUPPLIES FOR LOBBY …207589BANK OF THE WEST 101-1007-60403 165.95Operating Supplies03/25/22 - PRODUCATION UTILITY BELT207589BANK OF THE WEST 101-3007-60420 129.90Community Experiences03/22/22 - WATER FOR WC EVENTS207589BANK OF THE WEST 101-3003-60149 107.82Community Experiences03/09/22 - WATER FOR TRUMAN ELEMEN…207589BANK OF THE WEST 101-3003-60149 41.02Operating Supplies03/22/22 - FOOD FOR PLANNING COMMI…207589BANK OF THE WEST 101-6001-60420 114.25Travel & Training03/01/22 - COUNCIL MEETING DINNER207589BANK OF THE WEST 101-1001-60320 220.77Travel & Training03/10/22 - COUNCIL MEETING WORKSHOP…207589BANK OF THE WEST 101-1001-60320 52.80Travel & Training02/28/22 - CVAG EXEC COMMITTEE DINN…207589BANK OF THE WEST 101-1001-60320 75.00Travel & Training3/30/22- STATE OF THE CITY LUNCHEON S…207589BANK OF THE WEST 101-1001-60320 110.50Travel & Training03/15/22 - COUNCIL MEETING DINNER207589BANK OF THE WEST 101-1001-60320 62.96Travel & Training3/27/22 - JOINT COUNCIL/COMMISSIONS…207589BANK OF THE WEST 101-1001-60320 739.50Employee Recognition Events03/30/22 - ALL HANDS MEETING BREAKFA…207589BANK OF THE WEST 101-1004-60340 275.12Materials/Supplies03/01/22 - PA SYSTEM207589BANK OF THE WEST 101-3008-60431 68.92Travel & Training03/23/22 - SNACKS FOR ATSSA TCT TRAIN…207589BANK OF THE WEST 101-7003-60320 244.04Travel & Training03/24/22 - LUNCH FOR ATSSA TCT TRAINI…207589BANK OF THE WEST 101-7003-60320 17.82Operating Supplies03/11/22 - SUPPLIES FOR URBAN FOREST …207589BANK OF THE WEST 101-7003-60420 101.32Operating Supplies03/12/22 - SRR TREE PLANTING EVENT LU…207589BANK OF THE WEST 101-7003-60420 -33.40Tools/Equipment03/34/22 - TOOLS RETURN CREDIT207589BANK OF THE WEST 101-7003-60432 198.34Tools/Equipment03/11/22 - DIGGING SHOVELS (13)207589BANK OF THE WEST 101-7003-60432 10.79Travel & Training03/16/22 - TTC 200 TRAINING DINNER FO…207589BANK OF THE WEST 101-1005-60320 11.00Travel & Training03/15/22 - TTC 200 TRAINING PARKING L…207589BANK OF THE WEST 101-1005-60320 441.46Travel & Training03/15/22 - TTC 200 TRAINING HOTEL STAY…207589BANK OF THE WEST 101-1005-60320 70.57Membership Dues3/23/22 - NOTARY OATH & BOND REGIST…207589BANK OF THE WEST 101-1005-60351 800.00Fritz Burns Pool Maintenance03/2022 - FB POOL DECK/FLOOR CLEANING207620OCEAN SPRINGS TECH INC 101-3005-60184 105.00Due to Other Agencies3/22/22 - HOME OCCUPATION PERMIT RE…207598CLEAN N CLEAR POOL SERVICE 101-0000-20300 344.50Machinery & Equipment04/07/22 - WC GENERATOR INSPECTION S…207625QUINN COMPANY 101-2002-80101 344.50Machinery & Equipment04/07/22 - CH GENERATOR INSPECTION S…207625QUINN COMPANY 101-2002-80101 344.50Machinery & Equipment04/07/22 - CH GENERATOR INSPECTION S…207625QUINN COMPANY 101-2002-80101 73 Demand Register Packet: APPKT03112 - 04/22/22 JB 4/25/2022 4:45:38 PM Page 3 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 344.50Machinery & Equipment04/08/22 - YMCA GENERATOR INSPECTIO…207625QUINN COMPANY 101-2002-80101 344.50Machinery & Equipment04/08/22 - FS # 32 GENERATOR INSPECTI…207625QUINN COMPANY 101-2002-80101 344.50Machinery & Equipment04/08/22 - FS # 93 GENERATOR INSPECTI…207625QUINN COMPANY 101-2002-80101 Fund 101 - GENERAL FUND Total:71,354.85 Fund: 201 - GAS TAX FUND 2,082.56Barricades03/28/22 - TRAFFIC BARRICADES207637TOPS' N BARRICADES INC 201-7003-60428 445.98Traffic Control Signs03/28/22 - TRAFFIC CONTROL SIGNS207637TOPS' N BARRICADES INC 201-7003-60429 Fund 201 - GAS TAX FUND Total:2,528.54 Fund: 202 - LIBRARY & MUSEUM FUND 631.65Maintenance/Services04/01-06/30/22 - MUSEUM ELEVATOR MA…207615KONE INC 202-3006-60691 Fund 202 - LIBRARY & MUSEUM FUND Total:631.65 Fund: 215 - LIGHTING & LANDSCAPING FUND 177.57Supplies-Graffiti and Vandalism04/14/22 - PAINT FOR GRAFFITI REMOVAL207635THE SHERWIN-WILLIAMS CO.215-7004-60423 206.61Safety Gear04/11/22 - SAFETY BOOTS R.MUNIZ207613JERNIGAN'S, INC 215-7004-60427 181.14Operating Supplies02/16/22 - OFFICE SUPPLIES207632STAPLES ADVANTAGE 215-7004-60420 163.11Operating Supplies04/13/22 - KEY BOX207632STAPLES ADVANTAGE 215-7004-60420 17.99Operating Supplies03/29/22 - OFFICE SUPPLIES207632STAPLES ADVANTAGE 215-7004-60420 581.04Materials/Supplies03/29/22 - IRRIGATION PARTS207630SMITH PIPE & SUPPLY CO 215-7004-60431 4,800.00Maintenance/Services4/12/22 TREE REMOVAL & REPLACEMENT…207624PWLC II, INC 215-7004-60691 4,256.00Maintenance/Services04/12/22 - PLANT REPLACEMENT ON AVE …207624PWLC II, INC 215-7004-60691 2,530.00Maintenance/Services04/12/22 - IRRIGATION REPAIRS ON AVE 54207624PWLC II, INC 215-7004-60691 82.00Materials/Supplies04/13/22 - PLANT REPLACEMENT ON JEFF…207624PWLC II, INC 215-7004-60431 952.00Materials/Supplies04/13/22 - OLD TOWN PARKING LOT PLA…207624PWLC II, INC 215-7004-60431 4,800.00Maintenance/Services04/18/22 - PLANT REPLACEMENT & IRRIG…207624PWLC II, INC 215-7004-60691 111.59Electric - Utilities04/07-05/06/22 - PHONE SVC207606FRONTIER COMMUNICATIONS…215-7004-61116 40.68Electric - Utilities04/10-05/09/22 - PHONE SVC207606FRONTIER COMMUNICATIONS…215-7004-61116 9.75Safety Gear03/30/22 - SUNSCREEN207589BANK OF THE WEST 215-7004-60427 Fund 215 - LIGHTING & LANDSCAPING FUND Total:18,909.48 Fund: 270 - ART IN PUBLIC PLACES FUND 5,500.00Art Purchases03/03/22 - APP PURCHASE207589BANK OF THE WEST 270-0000-74800 Fund 270 - ART IN PUBLIC PLACES FUND Total:5,500.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 460.00Design03/24/22 - HWY 111 SITE TOUR TRANSPO…207589BANK OF THE WEST 401-0000-60185 207.43Design03/24/22 - HWY 111 SITE TOUR LUNCH207589BANK OF THE WEST 401-0000-60185 344.25Construction2/28/22 - ETHERNET PATCH CABLES (175)207589BANK OF THE WEST 401-0000-60188 329.38Construction03/22/22 - ELECTRICAL PARTS (12)207640WALTERS WHOLESALE ELECTR…401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:1,341.06 Fund: 501 - FACILITY & FLEET REPLACEMENT 36.00Vehicle Repair & Maintenance03/2022 - CAR WASH SERVICE207610HWY 111 LA QUINTA CAR WA…501-0000-60676 2,059.87Motorcycle Repair & Mainten…03/31/22 - MOTORCYCLE REPAIR A1154207593BMW MOTORCYCLES OF RIVE…501-0000-60679 3,088.51Building Leases01/2022 - PW TRAILER RENTAL207622PACIFIC MOBILE STRUCTURES, …501-0000-71032 3,088.51Building Leases03/2022 - PW TRAILER RENTAL207622PACIFIC MOBILE STRUCTURES, …501-0000-71032 3,088.51Building Leases05/2022 - PW TRAILER RENTAL207622PACIFIC MOBILE STRUCTURES, …501-0000-71032 2,383.72City Bldg Repl/Repair03/31/21 - EMPLOYEE TREADMILL207589BANK OF THE WEST 501-0000-71103 83.50Vehicle Repair & Maintenance03/15/22 - FLEET MAINTENANCE SUPPLIES207589BANK OF THE WEST 501-0000-60676 52,404.38Vehicles, Purchased04/13/22 - CHEVROLET SILVERADO 3500 …207619NATIONAL AUTO FLEET GROUP 501-0000-71031 Fund 501 - FACILITY & FLEET REPLACEMENT Total:66,233.00 Fund: 502 - INFORMATION TECHNOLOGY 2,079.00Cable/Internet - Utilities04/10-05/09/22 - CH INTERNET (2546)207597CHARTER COMMUNICATIONS …502-0000-61400 909.12Copiers01/01-03/31/22 - COPIER CONTRACT OVE…207611INNOVATIVE DOCUMENT SOL…502-0000-60662 2,812.25Copiers04/2022 CITY PRINTERS & 03/2022 METER…207595CANON FINANCIAL SERVICES, …502-0000-60662 1,190.00Cable/Internet - Utilities04/03-05/02/22 - 2ND CITY INTERNET LINE207606FRONTIER COMMUNICATIONS…502-0000-61400 217.06Cable/Internet - Utilities04/04-05/03/22 - DSL SVC207606FRONTIER COMMUNICATIONS…502-0000-61400 785.13Software Licenses03/10-04/09/22 - MS AZURE ONLINE SVCS207618MICROSOFT CORPORATION 502-0000-60301 42.99Software Licenses03/07/22 - PLAYINLAQUINTA.COM DOMA…207589BANK OF THE WEST 502-0000-60301 52.98Software Licenses03/22/22 - LQ-QUINTA.ORG DOMAIN REN…207589BANK OF THE WEST 502-0000-60301 14.00Software Licenses03/09/22 - PLAYINLAQUINTA.COM DOMA…207589BANK OF THE WEST 502-0000-60301 14.99Software Licenses03/2022 - ADOBE HOMEBASE J.DELGADO207589BANK OF THE WEST 502-0000-60301 74 Demand Register Packet: APPKT03112 - 04/22/22 JB 4/25/2022 4:45:38 PM Page 4 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 280.56Operating Supplies03/02/22 - LAPTOP CHAGERS (2)207589BANK OF THE WEST 502-0000-60420 156.48Operating Supplies03/17/22 - FAST CHARGER CORDS (12)207589BANK OF THE WEST 502-0000-60420 76.07Operating Supplies03/15/22 - LAPTOP CASE207589BANK OF THE WEST 502-0000-60420 54.36Operating Supplies03/14/22 - KEYBOARD C.FLORES207589BANK OF THE WEST 502-0000-60420 470.74Operating Supplies03/02/22 - WIRELESS KEYBOARD/MOUSE …207589BANK OF THE WEST 502-0000-60420 139.98Cable/Internet - Utilities02/28/22 & 03/28/22 - HULU SUBSCRIPTI…207589BANK OF THE WEST 502-0000-61400 60.48D & D, Software Enhancements03/27-04/26/22 - UBIQ SUBSCRIPTION207589BANK OF THE WEST 502-0000-71042 1,301.74Operating Supplies03/01/22 - DOCKING STATIONS (7) FOR IT …207589BANK OF THE WEST 502-0000-60420 Fund 502 - INFORMATION TECHNOLOGY Total:10,657.93 Fund: 601 - SILVERROCK RESORT 781.32Bank Fees04/2022 - SRR ARMORED SVC207608GARDAWORLD 601-0000-60455 27.04Bank Fees03/2022 - SRR ARMORED SERVICE207608GARDAWORLD 601-0000-60455 795.00Repair & Maintenance03/23/22 - SRR BACKFLOW REPAIRS207628ROTO ROOTER PLUMBERS INC 601-0000-60660 1,975.00Repair & Maintenance04/13/22 - SRR RESTROOM REPAIRS207628ROTO ROOTER PLUMBERS INC 601-0000-60660 4,850.00Repair & Maintenance04/15/22 - SRR GOLF AREA BROKEN PIPE …207628ROTO ROOTER PLUMBERS INC 601-0000-60660 150.85Bank Fees03/2022 - SRR ARMORED SERVICE207608GARDAWORLD 601-0000-60455 Fund 601 - SILVERROCK RESORT Total:8,579.21 Grand Total:185,735.72 75 Demand Register Packet: APPKT03112 - 04/22/22 JB 4/25/2022 4:45:38 PM Page 5 of 6 Fund Summary Fund Expense Amount 101 - GENERAL FUND 71,354.85 201 - GAS TAX FUND 2,528.54 202 - LIBRARY & MUSEUM FUND 631.65 215 - LIGHTING & LANDSCAPING FUND 18,909.48 270 - ART IN PUBLIC PLACES FUND 5,500.00 401 - CAPITAL IMPROVEMENT PROGRAMS 1,341.06 501 - FACILITY & FLEET REPLACEMENT 66,233.00 502 - INFORMATION TECHNOLOGY 10,657.93 601 - SILVERROCK RESORT 8,579.21 Grand Total:185,735.72 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Expense 4,273.50 101-0000-20300 Due to Other Agencies 105.00 101-0000-20304 Sales Taxes Payable -10.50 101-0000-20981 United Way Deductions 37.00 101-0000-20985 Garnishments Payable 221.25 101-1001-60320 Travel & Training 636.28 101-1002-60101 Contract Services - Admini…3,500.00 101-1004-60104 Consultants/Employee Se…165.00 101-1004-60129 Recruiting/Pre-Employme…1,005.07 101-1004-60340 Employee Recognition Ev…739.50 101-1004-60400 Office Supplies 48.20 101-1005-60103 Professional Services 1,556.25 101-1005-60125 Temporary Agency Servic…814.50 101-1005-60320 Travel & Training 463.25 101-1005-60351 Membership Dues 70.57 101-1005-60400 Office Supplies 117.17 101-1005-60420 Operating Supplies 76.12 101-1006-60103 Professional Services 331.53 101-1006-60122 Credit Card Fees 360.00 101-1006-60320 Travel & Training 383.55 101-1006-60400 Office Supplies 307.79 101-1007-60403 Citywide Supplies 324.15 101-1007-60470 Postage 20.01 101-1007-60663 Typewriters 227.29 101-2001-60175 Special Enforcement Funds 60.00 101-2002-61100 Gas - Utilities 109.90 101-2002-61400 Cable/Internet - Utilities 10.51 101-2002-80101 Machinery & Equipment 2,067.00 101-3001-60135 Boys & Girls Club 10,000.00 101-3002-60420 Operating Supplies 719.56 101-3003-60149 Community Experiences 8,084.74 101-3005-60184 Fritz Burns Pool Maintena…912.63 101-3005-60431 Materials/Supplies 556.45 101-3005-60691 Maintenance/Services 5,940.00 101-3007-60351 Membership Dues 130.00 101-3007-60420 Operating Supplies 165.95 101-3007-60461 Marketing & Tourism Pro…11,389.81 101-3008-60115 Janitorial 245.00 101-3008-60123 Security & Alarm 162.00 101-3008-60431 Materials/Supplies 553.25 101-3008-60691 Maintenance/Services 631.65 101-6001-60420 Operating Supplies 421.26 101-6002-60320 Travel & Training 41.75 101-6002-60450 Advertising 1,757.28 101-6004-60103 Professional Services 3,648.15 101-6004-60125 Temporary Agency Servic…675.80 76 Demand Register Packet: APPKT03112 - 04/22/22 JB 4/25/2022 4:45:38 PM Page 6 of 6 Account Summary Account Number Account Name Expense Amount 101-6004-60400 Office Supplies 45.37 101-6004-60690 Uniforms 124.85 101-6006-60103 Professional Services 3,820.00 101-7001-60320 Travel & Training 833.86 101-7002-60183 Map/Plan Checking 815.00 101-7002-60450 Advertising 895.40 101-7003-60320 Travel & Training 312.96 101-7003-60420 Operating Supplies 287.30 101-7003-60432 Tools/Equipment 164.94 201-7003-60428 Barricades 2,082.56 201-7003-60429 Traffic Control Signs 445.98 202-3006-60691 Maintenance/Services 631.65 215-7004-60420 Operating Supplies 362.24 215-7004-60423 Supplies-Graffiti and Van…177.57 215-7004-60427 Safety Gear 216.36 215-7004-60431 Materials/Supplies 1,615.04 215-7004-60691 Maintenance/Services 16,386.00 215-7004-61116 Electric - Utilities 152.27 270-0000-74800 Art Purchases 5,500.00 401-0000-60185 Design 667.43 401-0000-60188 Construction 673.63 501-0000-60676 Vehicle Repair & Mainte…119.50 501-0000-60679 Motorcycle Repair & Main…2,059.87 501-0000-71031 Vehicles, Purchased 52,404.38 501-0000-71032 Building Leases 9,265.53 501-0000-71103 City Bldg Repl/Repair 2,383.72 502-0000-60301 Software Licenses 910.09 502-0000-60420 Operating Supplies 2,339.95 502-0000-60662 Copiers 3,721.37 502-0000-61400 Cable/Internet - Utilities 3,626.04 502-0000-71042 D & D, Software Enhance…60.48 601-0000-60455 Bank Fees 959.21 601-0000-60660 Repair & Maintenance 7,620.00 Grand Total:185,735.72 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**157,282.09**None****None** 201804E 12,167.04Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements 201905D 667.43Design Expense Highway 111 Corridor Area Plan Implementation 2122TMICT 673.63Construction Expense FY21/22 Traffic Maintenance Improvements BDAYE 6,650.00City Picnic & Birthday Celebration Ex…City Picnic & Birthday Celebration EGGE 576.25La Quinta Egg Hunt Expense La Quinta Egg Hunt KITEE 251.13Fly Over La Quinta Expense Fly Over LQ: A Kite Experience STVRE 7,468.15Short Term Vacation Rental Expense Short Term Vacation Rental Tracking Grand Total:185,735.72 77 78 City of La Quinta Bank Transactions 4/11 – 4/22/2022 Wire Transaction Listed below are the wire transfers from 4/11 – 4/22/2022. Wire Transfers: 04/15/2022 - WIRE TRANSFER - CALPERS $88.96 04/15/2022 - WIRE TRANSFER - CALPERS $4,846.19 04/15/2022 - WIRE TRANSFER - CALPERS $14,045.14 04/15/2022 - WIRE TRANSFER - CALPERS $22,003.78 04/15/2022 - WIRE TRANSFER - J&H ASSET PROPERTY MANAGEMENT $31,116.99 04/18/2022 - WIRE TRANSFER - LQCEA $414.00 04/18/2022 - WIRE TRANSFER - ICMA $6,448.94 04/18/2022 - WIRE TRANSFER - STERLING HEALTH $1,822.90 04/21/2022 - WIRE TRANSFER - LANDMARK $249,016.99 04/21/2022 - WIRE TRANSFER - THE BANK OF NEW YORK MELLON $3,000,000.00 04/22/2022 - WIRE TRANSFER - AMERITAS LIFE $1,183.28 04/22/2022 - WIRE TRANSFER - AMERITAS LIFE $5,884.72 TOTAL WIRE TRANSFERS OUT $3,336,871.89 ATTACHMENT 2 79 80 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR EISENHOWER DRIVE FROM AVENUE 50 TO WASHINGTON STREET RECOMMENDATION Adopt a resolution approving legal speed limits on Eisenhower Drive from Avenue 50 to Washington Street, as recommended in the 2022 Engineering and Traffic Survey. EXECUTIVE SUMMARY The City Traffic Engineer recommended that a speed survey be conducted on this street segment due to recent changes which would affect the operating conditions along each. The engineering and speed survey accounts for: 1) prevailing speed, 2) accident history, and 3) roadway characteristics not apparent to the motorist. The survey designated this segment for no speed limit adjustments (Attachment 1). FISCAL IMPACT There is no fiscal impact as the speed limit will remain and no adjustments to signage is necessary. BACKGROUND/ANALYSIS In order to enforce speed limits using radar, speed limits must be set in accordance with the California Vehicle Code (CVC). Per the CVC, vehicle speeds are determined by the behavior of a majority of drivers during normal driving conditions. Jurisdictions may not establish arbitrary speed limits. The City of La Quinta made changes to a portion of this street in 2020 and changed the speed limit for a section of Eisenhower Drive between Calle CONSENT CALENDAR ITEM NO. 10 81 Tampico and Avenue 50 as a result. The current survey limits for Eisenhower Drive then were from Calle Tampico to Washington Street. As such, it is desirable to resurvey the prevailing speeds and determine if speed limit adjustments are in order for the remaining segment from Avenue 50 to Washington Street. The street segment was recently re-surveyed and the 2022 Engineering and Traffic Survey presents the following recommended speed limit for this roadway segment: Street Segment Posted Proposed Eisenhower Dr. Avenue 50 to Washington Street 45 45 Staff requests approval for the recommended speed limit. This speed limit will help drivers select a speed that is safe and consistent with the majority of other users. ALTERNATIVES No alternative is recommended. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Engineering and Traffic Survey 82 RESOLUTION NO. 2022 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DESIGNATING SPEED LIMIT WHEREAS, the California Vehicle Code authorizes cities to designate and regulate speed zones within their jurisdictions; and WHEREAS, the City Council finds it appropriate to designate speed limits on the following local street to facilitate safe and orderly traffic flow; and WHEREAS, said designation shall be made by resolution; and WHEREAS, the City Council finds it appropriate to designate speed limits for 1 street segment; and WHEREAS, in accordance with the provisions of Title 12.20.020 of the La Quinta Municipal Code, an engineering and traffic survey has been performed on the specified street; and WHEREAS, the following designated prima facie speed limit is based on the results of the engineering and traffic survey; and Street Segment Speed Limit (mph) Eisenhower Drive Avenue 50 to Washington Street 45 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: the aforementioned prima facie speed limit is most appropriate to facilitate the orderly movement of traffic and to be reasonably safe. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May 2022, by the following vote: 83 __________________________ LINDA EVANS, Mayor City of La Quinta, California Resolution No. 2022 – XXX Designate Speed Limit on Eisenhower Drive Adopted: May 3, 2022 Page 2 of 2 AYES: NOES: ABSENT: ABSTAIN: ATTEST: _________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 84 ATTACHMENT 185 2022 Engineering and Traffic Survey City of La Quinta Page 2 Table 1 Street Segments with Recommended Speed Changes No STREET FROM TO POSTED SPEEED LIMIT NEW POSTED SPEED LIMIT CHANGE 30 Eisenhower Drive Washington Street Avenue 50 45 45 No Change Table 2 Speed/ Collision Data Summary Table ID Street Segment Dist. (Mi.) Dir. 85% Speed 10 Mi. Pace % in Pace ADT Accident Rate Posted Speed Limit Prop. Speed Limit Remarks Exp. Act. 30 Eisenhower Drive Washington Street to Avenue 50 1.32 E/W 49 38-47 66% 11,231 1.44 0.49 45 45 CA MUTCD OPTION 2 86 CITY OF LA QUINTA ENGINEERING & TRAFFIC SURVEY STREET: Eisenhower Drive between Washington Street and Avenue 50 DATE: 4/7/2022 TIME: 15:00 OBSERVER: Steve Libring LOCATION: 30 PART I: HIGHWAY & ROADWAY CHARACTERISTICS Sight Distance Obstructions? (yes or no) S/B N/B Notes 1. Horizontal Yes Yes Horizontal Curve 2. Vertical Yes Yes Crest Curve 3. Superelevation (%) None None 4. Shoulder Conditions (paved or unpaved) Paved Paved 5. Profile Conditions (grade,%) 6. Commercial Driveway Characteristics (at grade, dustpan, etc) None None No driveways on both sides 7. Pedestrian Traffic in the Roadway without sidewalks (yes or no) No No Sidewalk on West side only 8. Adjacent Land Use (residential, commercial, office, etc) Residential Residential 9. Intersection Spacing and Offsets (spacing, feet-offsets, yes or no) No offsets TS at Washington, Coachella, Avenida Fernando, Avenue 50 10. Pavement Condition (good, satisfactory, poor) Good Good 11. Truck Traffic (heavy, moderate, light) Light Light 12. Channelization (# of lanes, divided, undivided, painted, or raised median) 2 lanes with a bike lane 2 lanes with a bike lane 4 lanes, divided with a raised median & bike lanes on both sides 13. Street Width and Alignment (width, feet – straight or curved) 33’ 33’ 12’ raised median 14. Street Length 1.32 mi 15. Average Daily Traffic 5,171 6,060 11,231 total Collected on 8/31/16 16. Traffic Flow Characteristics (heavy, moderate, light) Light Light 17. Uniformity with the Community (yes or no) Yes Yes 18. Heavy On-Street Parking Turnover (yes or no) No No No parking allowed on both sides 19. Street Lighting Only at traffic signal locations Only at traffic signal locations 87 88 DATE:04/07/22 DAY:Thursday TIME PERIOD:3:00PM 3:45PM FOR ROADWAY: SPEED TOTAL VEHICLES SURVEYED TOTAL (MPH)EASTBOUND+WESTBOUND NB/EB SB/WB VEHICLES LIMITS (BTN): Avenue 50 and Washington 65 X 0 1 1 64 0 0 0 OBSERVATION POINT:midblock 63 X 0 1 1 62 0 0 0 61 X 0 1 1 POSTED SPEED LIMIT:45 MPH OBSERVER: 60 0 0 0 59 X 0 1 1 COMMENTS:WEATHER: 58 X 0 1 1 57 0 0 0 ROAD SURFACE: 56 X 0 1 1 55 0 0 0 ROAD CONDITION: 54 X 1 0 1 53 X 0 1 1 DATA COLLECTION METHOD: 52 X X X 0 3 3 51 X X X X X 5 0 5 50 X X X X X X X X 6 2 8 49 X X X X X X 5 1 6 48 X X X X X X X X 4 4 8 47 X X X X X X X X X 4 5 9 46 X X X X X X X X X X X 6 5 11 45 X X X X X X X X 5 3 8 44 X X X X X X X X X X X X X X 7 7 14 43 X X X X X X X X X X X X X 5 8 13 EASTBOUND WESTBOUND EASTBOUND+WESTBOUND 42 X X X X X X X X X X X X X X X 9 6 15 41 X X X X X X X X X X X X 5 7 12 40 X X X X X X X X X 6 3 9 85TH %:49 49 49 M.P.H. 39 X X X X X X 2 4 6 38 X X X X X X X X X 5 4 9 50TH %:44 43 43 M.P.H. 37 X X X X X X 4 2 6 36 X X X 2 1 3 15TH %:38 38 38 M.P.H. 35 X 0 1 1 * 34 X X 1 1 2 *10 MPH PACE:42 - 51 39 - 48 38 - 47 M.P.H. 33 X X 0 2 2 * 32 0 0 0 P % IN PACE:67%68%66% 31 X 0 1 1 A 30 0 0 0 C % OVER PACE:1%17%24% 29 X 1 0 1 E 28 0 0 0 *% UNDER PACE:31%16%10% 27 0 0 0 * 26 0 0 0 *ARITHMETIC MEAN:44 44 44 M.P.H. 25 0 0 0 24 0 0 0 SAMPLE VARIANCE:23 43 33 23 0 0 0 22 0 0 0 STANDARD DEVIATION:5 7 6 M.P.H. 21 0 0 0 20 0 0 0 VARIANCE OF THE MEAN:0.27 0.57 0.20 19 0 0 0 18 0 0 0 STD. ERROR OF THE MEAN:0.52 0.76 0.45 M.P.H. 17 0 0 0 16 0 0 0 15 0 0 0 83 77 160 EISENHOWER RADAR CITY OF LA QUINTA LIBRING SUNNY DRY GOOD TO I:\108162 - La Quinta TE Services\400-Traffic\E&T Amendment 2022\401-Radar\Eisenhower - Avenue 50 to Washington 89 LEGEND: CITY OF LA QUINTA SPEED LIMITS 90 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE UP TO $150,000 OF MATERIALS FOR FISCAL YEAR 2021/22 RECOMMENDATION Authorize the Public Works Department to utilize Tri-State Materials to purchase up to $150,000 of materials during fiscal year 2021/22. EXECUTIVE SUMMARY •Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council. •Staff requests Authority to utilize Tri-State Materials (Tr-State) to purchase up to $150,000 of materials during Fiscal Year 2021/22. FISCAL IMPACT The $150,000 would be charged in increments, as needed, to the appropriate account(s) should Council approve the request. Funds for purchases are budgeted in the Lighting and Landscape (215-7004-60431) and Parks (101- 3005-60431) materials accounts. BACKGROUND/ANALYSIS The purchasing policy requires Council approval for purchases and/or contracts over $50,000. In FY 2021/22, the City has purchased materials in the amount of $48,711 from Tri-State. Tri-State provides quality materials and is the select source for the decomposed granite (DG) color utilized in City landscape projects. The City frequently purchases DG, gravel, and crushed stone from Tri-State. Staff will continue to compare prices and material selections to obtain the best value and quality materials to be used in landscape renovation. This spending authority would allow maintenance projects in City medians and parks to continue without interruptions to scheduled work. . CONSENT CALENDAR ITEM NO. 11 91 ALTERNATIVES Staff could request approval from Council for any future purchases from Tri-State on a per project basis. However, this approach would delay work schedules. Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape Approved by: Bryan McKinney, Public Works Director/City Engineer 92 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH ST. FRANCIS ELECTRIC FOR ON-CALL TRAFFIC SIGNAL REPAIR SERVICES RECOMMENDATION Approve Amendment No. 1 to Agreement for Contract Services with St. Francis Electric in an amount not to exceed $125,000 per year, to provide on- call traffic signal repair services; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •Repairs to the City’s traffic signals can require specialized equipment and certain expertise that staff does not possess or needed service at times when staff is not available. •In 2019, staff solicited proposals for on-call traffic signal repair services from qualified firms. •St Francis Electric was selected as the best qualified firm and an Agreement for Contract Services was executed. •There have been a record number of pole knockdowns in FY 2021/22 and additional funding for repair services is needed. FISCAL IMPACT This amended not to exceed annual agreement amount of $125,000 could cost up to $375,000 during FY 2021/22 and the 2-year extended term through FY 2023/24. Funds are available in Traffic Signal Maintenance 2122TMI (401- 0000-60188) for 2021/22. Funding will be budgeted in the subsequent fiscal years. The following table shows the existing and requested not-to-exceed contract authority amounts through the extended term: CONSENT CALENDAR ITEM NO. 12 93 Fiscal Year Existing Contract Authority Amount Requested Amended Contract Authority Total Increase FY 2021/22 $75,000 (expended) $125,000 $50,000 FY 2022/23 $75,000 $125,000 $50,000 FY 2023/24 $75,000 $125,000 $50,000 TOTAL: $225,000 $375,000 $150,000 BACKGROUND/ANALYSIS In August 2019, the City received three proposals in response to the on-call traffic signal repair services request for proposals. Staff reviewed the proposals and St. Francis Electric was selected as the top ranked firm; St. Francis Electric was the most cost effective and qualified firm. They have provided high quality services over the course of their agreement term. In FY 2021/22 there have been a record number of pole knockdowns, the budget of $75,000 has been expended and additional funding is needed for traffic signal repair services. Staff requests an additional $50,000 of contract authority per year for this fiscal year and the two-year extended term of the St Francis Electric contract through FY 2023/24 (total of $150,000 over the three years), for a total not to exceed amount of $125,000 per year, or up to $375,000 through the extended term. ALTERNATIVES Council could elect not to approve the amendment, or recommend an alternative funding amount. Prepared by: Approved by: Attachment: Julie Mignogna, Management Analyst Bryan McKinney, Public Works Director/City Engineer 1.Amendment No. 1 to Agreement for Contract Services with St. Francis Electric 94 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH ST. FRANCIS ELECTRIC This Amendment No. 1 (“Amendment No. 1”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 4th day of May, 2022, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and St. Francis Electric (“Contracting Party”). RECITALS WHEREAS, on or about September 18, 2019, the City and St. Francis Electric entered into an Agreement to provide services related to On-Call Traffic Signal Repair, for a total not to exceed amount of $75,000 per year for the life of the agreement. The term of the Agreement expires on June 30, 2022 (“Initial Term”); and WHEREAS, Section 2.1 Contract Sum of the Agreement shall be amended to include additional compensation in an amount not to exceed $50,000 per year for the life of the agreement, for a not to exceed amount of $125,000 per year for the life of the agreement. WHEREAS, pursuant to Section 3.4 Term, the City and St. Francis Electric mutually agree to extend the term of the agreement for one additional two-year term from July 1, 2022, through June 30, 2024 (“Extended Term”); and NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1.Section 2.1 – Contract Sum is amended to read as follows: 2.1 Contract Sum. For the services rendered pursuant to this Agreement for Fiscal Year 2021/2022 through Fiscal Year 2023/24, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000) per year for the life of the agreement encompassing initial terms and Amendment 1, except as provided in Section 1.7. ATTACHMENT 1 95 Exhibit B – Budget is amended as attached in “Exhibit B”, attached hereto and made apart hereof. 2. Section 3.4 – Term is amended to read as follows: Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the Extended Term shall terminate on June 30, 2024. In all other respects, the original Agreement shall remain in effect. 96 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No.4 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA ST. FRANCIS ELECTRIC a California municipal corporation ____ _______________________ JON McMILLEN, City Manager Guy Smith, Vice President City of La Quinta, California Dated: ___________________ Dated: ______________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 97 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement in Fiscal Year 2021/2022 through Fiscal Year 2023/2024 is One-Hundred Twenty-Five Thousand Dollars ($375,000) (“Contract Sum”). The Contract Sum shall be paid to St. Francis Electric in conformance with Section 2.4 of the Agreement. Total Authorized Amount: FY 2021/22 $125,000 FY 2022/23 $125,000 FY 2023/24 TOTAL: $125,000 $375,000 98 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE MACIAS NURSERY, INC. TO PURCHASE UP TO $100,000 OF PLANT MATERIALS FOR FISCAL YEAR 2021/22 RECOMMENDATION Authorize the Public Works Department to utilize Macias Nursery, Inc. to purchase up to $100,000 of plant materials during fiscal year 2021/22. EXECUTIVE SUMMARY •Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council. •Staff requests Authority to utilize Macias Nursery, Inc. (Macias) to purchase up to $100,000 of plant materials during Fiscal Year (FY) 2021/22. FISCAL IMPACT The $100,000 would be charged in increments, as needed, to the appropriate account(s) should Council approve this request. Funds for purchases are budgeted in the Lighting and Landscape (215-7004-60431) and Parks (101- 3005-60431) materials accounts. BACKGROUND/ANALYSIS The purchasing policy requires Council approval for purchases and/or contracts over $50,000. In FY 2021/22, the City purchased plants and trees from Macias for maintenance projects along the Bear Creek trail, Avenue 54, and Fire Station 32.Plant and tree replacement at the center medians will continue on Madison Street from Avenue 54 to Avenue 58. Macias provides quality plant material, and has a wide selection of desert native, and lush and efficient plants. They offer a variety of trees that have not been available from other nurseries. Macias prices for plants and trees are typically lower than other nurseries. This spending authority would allow maintenance projects in City medians and parks to continue without interruptions to scheduled work. CONSENT CALENDAR ITEM NO. 13 99 ALTERNATIVES Staff could request approval from Council for any future purchases from Macias on a per project basis. However, this approach would delay work schedules. Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape Approved by: Bryan McKinney, Public Works Director/City Engineer 100 City of La Quinta CITY COUNCIL: May 3, 2022 STAFF REPORT AGENDA TITLE: APPROVE DESIGN OF THE GOLD STAR FAMILY MONUMENT AND ART PURCHASE AGREEMENT WITH SELECTED ARTIST FOR THE DESIGN AND BUILD OF THE MONUMENT, APPROPRIATE ADDITIONAL FUNDS, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT RECOMMENDATION Approve Design of Gold Star Family Monument and Art Purchase Agreement with selected artist for design and build of the Monument; appropriate funds and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY At the October 5, 2021 City Council meeting, Council requested a Gold Star Family component be included into the Veterans Acknowledgement Monuments and into the annual Veteran’s Day Recognition ceremony. 0 On January 6, 2022, a request for proposals (RFP) was issued for the design and build of a Gold Star Family Monument and distributed to the City’s pre-qualified artist list. Three (3) artist submissions were received and presented to the Community Services Commission (Commission). The Commission is recommending their top three choices for Council consideration (Attachment 1). FISCAL IMPACT Funds of $50,000 with a 20% contingency for a total of $60,000 have been budgeted for the design and construction of the monument and will be taken from the Art in Public Places Art Purchase budget (Account No. 270-0000- 74800). $20,000 is available from account 270-0000-74800; if approved, a budget adjustment of $40,000 from fund balance would be needed and would allow for the project cost plus a 20% contingency. BACKGROUND/ANALYSIS The title of Gold Star Family is reserved for families of military members who have died in the line of duty and is meant to honor the service member’s ultimate sacrifice while acknowledging their family’s loss, grief, and continued healing. La Quinta has a long-standing tradition of honoring veterans by hosting the annual Veterans Recognition Ceremony, during which local veterans have BUSINESS SESSION ITEM NO. 1 101 their names, ranks, and dates of service engraved on the Veterans Acknowledgement Monuments that were installed in Civic Center Park in 2000. The artist submissions have been reviewed by the Community Services Commission and their top three choices are being presented to Council for consideration. The Commission’s first choice and favorite design was submitted by artist Cassandra Burgess (see 1st choice shown on Attachment 1). Before creating her design, Cassandra met with a Gold Star mom whose son passed away while serving in Afghanistan. The design features a plaque representing the Gold Star Family flag. The plaque includes attachable panels for engraving names on both the front and the back. The mother figure depicted in the sculpture has her hand on the engraved names while a gold star is hollowed out of her, representing a hole that can never be replaced. The second choice of the Commission was provided by CJ Rench of CJR Design Studios (see 2nd choice shown on Attachment 1). This concept features three bronze stars layered with a set of smaller stars and includes removable panels for engraving names and military information. The center features a 3D glass star, and the body of the work is hollow through the back so light can shine through. The stars sit on a five-point star base with angled areas to add additional words of comfort or quotes in support of the families and soldiers. The third concept was submitted by the artist Aragorn (see 3rd choice on Attachment 1). The artist hopes to evoke reflection on the strength and sacrifice soldiers give for their country. The concept features a large triangular steel panel with cut out repeated silhouettes of a soldier, stacked in a pyramid format, yet fallen at 45 degrees. The lines between the soldiers provide space for the placement of names and additional information. The supporting steel is made up of a randomized flow of silhouetted human figures that represent the emergent souls of fallen soldiers arching up from the ground to lift the viewers vision as the souls seemingly float away into the sky. The artists estimate that the design, build, and installation of the monument will take 8-9 months. The process of requesting Gold Star Family names to be added to the monument will be overseen by staff and follow a model similar to adding veteran honoree names to the Veterans Acknowledgement Monuments. ALTERNATIVES Council may reject the recommendations and direct staff to seek additional design concepts. Prepared by: Michael Calderon, Community Resources Analyst Approved by: Chris Escobedo, Community Resources Director Attachments: 1. Gold Star Family Monument Recommendations 2. Artist Agreement 102 1 1st Choice Artist: Cassandra Burgess Estimated Cost: $71,000.00 ATTACHMENT 1 103 2 2nd Choice Artist: CJ Rench Estimated Cost: $48,000.00 104 3 3rd Choice Artist: Aragorn Estimated Cost: $65,000—$75,000 105 106 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the “Agreement”) is entered into and effective this 27 day of May 2022, by and among THE CITY OF LA QUINTA, a California municipal corporation (“City”), and TBD ARTIST (“Artist”). R E C I T A L S A. A goal of the Cultural Resources Element of the 2035 La Quinta General Plan (“General Plan”) is to provide enrichment of the community by adequate cultural and recreational facilities and activities. To implement this goal, the General Plan further states that the cultural resources of a city encompass those facilities and programs which refresh, enhance or recreate people’s bodies and spirits. Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The art in public places program is intended to achieve this purpose by providing visual art throughout the City. B.The City Council has previously determined that visually pleasing and high quality public art enhance the public safety and welfare of La Quinta residents and visitors. For the benefit of its citizens and visitors, the City Council is commissioning the creation and installation of certain artwork (the “Artwork”) by Artist to be located at Civic Center Park, 78495 Calle Tampico, La Quinta, CA 92253 (the “Site Location”): NOW, THEREFORE, in consideration of the performance by the parties of the mutual promises, covenants, and conditions contained hereinafter, the parties hereto agree as follows: ARTICLE I. SCOPE OF SERVICES AND PAYMENT 1.1 Scope of Design and Fabrication Services. Subject to the terms and conditions set forth in this Agreement, Artist shall (i) prepare, or cause to be prepared, conceptual design plans for the Artwork, including setting forth details and samples of the materials to be used and composition of the proposed Artwork; (ii) based on the conceptual design plans approved by City, develop working drawings which shall be incorporated into the Schedule of Performance attached hereto as Exhibit B; and (iii) fabricate and install the Artwork as more particularly described in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference (the “Design and Fabrication Services”). Artist shall perform his/her obligations in strict conformance with the terms and conditions set forth in this Agreement and shall take all other actions necessary and incidental to the performance of said obligations. ATTACHMENT 2 107 Last Revised April 2015 Page 2 of 26 1.2 Periodic Review. City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to City regular progress narratives, including photographs, as required by the Schedule of Performance set forth in Exhibit B. The narratives shall clearly state the percentage of the Artwork completed to date and provide an estimated completion date. 1.3 Materials and Labor. Artist shall furnish all tools, equipment, apparatus, labor, services, materials and transportation necessary to perform the Design and Fabrication Services more fully described in Exhibit A and to install the Artwork, together with any appurtenances thereto, in a good and workmanlike manner in the Site Location as more fully described in said Exhibit A or reasonably inferable therein. If Artist fails to furnish the labor, equipment, and or services necessary to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in this Agreement, be liable to City for all losses or damages that City may suffer as a result of such failure, including any additional costs incurred by City in obtaining such material or labor from other sources. It is understood and agreed that all said labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of City. 1.4 Change Orders. Artist shall strictly adhere to the Scope of Design Build Services set forth in Exhibit A, unless a change there from is authorized in writing by City. Artist shall present to City in writing for its review and advance approval any and all significant changes to the Artwork not permitted by or in substantial conformity with the approved working drawings and the Scope of Design Build Services set forth in Exhibit A. If City grants such approval, the terms of said change shall be memorialized in a written change order signed by the parties hereto prior to commencement of said revised work. For the purposes of this section, a “significant change” is any change in the scope, design, color, size, material, texture, or site location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services set forth in Exhibit A. 1.5 Working Environment. Artist shall, at all times, maintain a safe work area and provide safe access to both the Artwork and the sites wherein the Artwork is located prior to installation at the Site Location for inspection of the Artwork by City and its representatives. 1.6 Testing and Inspections. Where specifications require the Artwork to be specially tested or approved, Artist shall not perform such testing, or cause such testing to be performed, until (1) Artist has first provided timely notice 108 Last Revised April 2015 Page 3 of 26 to City that the Artwork is ready for inspection and/or testing, and (2) City has inspected and approved of the Artwork or consented to said testing in writing. Artist shall, at its sole cost and expense, perform all work required to comply with scheduled inspections and testing, and any requests for corrections City or other inspection authorities make as a result of such inspections or testing. 1.7 Post-Creation Obligations. a.Artist shall notify the City in writing when the fabrication of the Artwork is complete and ready for delivery and installation at the Site Location. b. Upon completion of the Artwork, and at all times during creation and installation of the Artwork, the Artist shall comply with all applicable statutes, ordinances, and regulations of any governmental agency having jurisdiction over Artist or the Artwork. c. Artist shall ensure that the Artwork is installed in a safe manner, and is designed to withstand the forces of nature it is expected to be exposed to during its lifetime, including, but not limited to, wind, rain, and sun, as reasonable for artwork of a similar nature. Artist is not responsible for repair or replacing the Artwork due to vandalism, earthquake, or other casualty. 1.8 Post-Installation Obligations. a.Artist shall be available at such reasonable time or times as may be agreed between City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. City shall have the right to arrange for publicity for the completed Artwork by local media and publications and as otherwise as may be determined by City, in its sole and absolute discretion, following installation. c. Upon installation of the Artwork, Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork. 1.9 Final Acceptance. Artist shall advise City in writing when Artist believes that the Artwork and the installation of the Artwork at the Site Location are complete. Following receipt of such notice, City shall cause the installed Artwork to be inspected. Within five (5) working days following completion of such inspection(s), City shall either (i) provide Artist with reasonably specific 109 Last Revised April 2015 Page 4 of 26 written objections, and a list of necessary corrections to the installed Artwork that Artist must complete, or (ii) notify Artist of its acceptance of the Artwork by issuing a Notice of Completion in the form attached hereto as Exhibit D. Said Notice of Completion shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. 1.10 Risk of Loss. Artist shall bear the risk of loss or damage to the Artwork during fabrication and installation until City issues the Notice of Completion indicating its acceptance of the Artwork as provided in Section 1.9. Upon Artist’s receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by City. Prior to City’s issuance of the Notice of Completion, Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until final acceptance by City. 1.11 Compensation to Artist. City agrees to pay Artist for the Artwork the compensation set forth in Exhibit C. The total compensation to be paid to Artist shall not exceed TBD Dollars ($). The parties agree that said compensation represents full payment to Artist for the design, fabrication and installation of the Artwork, including compensation for all professional services and reimbursement for expenses, and City shall have no additional financial obligations under this Agreement. ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Artist shall perform his/her obligations under this Agreement in a punctual and diligent manner and in accordance with the Schedule of Performance attached hereto as Exhibit B. In the event Artist fails to perform fully any and all of the covenants and obligations under this Agreement, then City may, at its option, after first giving fifteen (15) days written notice to cure to Artist, provide any such labor and materials as may be necessary for the completion of the Artwork. In the event Artist fails to cure within the fifteen (15) day period, City may deduct the cost of said labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by City is completely finished. Upon completion of the work, if the unpaid balance of the amount to be paid to Artist under this Agreement exceeds the expenses incurred by City in securing labor and materials from other sources and/or in finishing Artist’s work, such excess shall be paid to Artist. Conversely, if the expenses incurred by City as described above exceed the unpaid balance due to Artist, then Artist shall promptly pay to City the amount by which such expenses exceed the remaining unpaid balance. The expenses incurred by City, as herein provided, shall be chargeable to and paid by Artist. 110 Last Revised April 2015 Page 5 of 26 ARTICLE III. WARRANTIES 3.1 Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist and Artist is the creator and owner of the Artwork design; (b) the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; (d) to the best of his/her knowledge, the Artwork is not presently subject to claims of ownership, lien or encumbrance or to common law or statutory copyright claims of any other person, institution, or domestic or foreign government; and (e) that the Artwork is free and clear of any and all encumbrances and/or monetary liens. Artist covenants to defend (with counsel selected by City), indemnify and hold City, and City’s elected and appointed officials, officers, employees, servants, attorneys, volunteers, and agents harmless from any loss, claim, or liability in any way related to a claim that that the Artwork violates federal, state or local laws, or any contractual provisions, relating to copyrights, trade names, licenses, franchises, patents, or other means of protecting interests in products or inventions. Artist shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices, or processes used on or incorporated in the Artwork produced under this Agreement. In case such materials, equipment, devices, or processes are held to constitute an infringement and their use is enjoined, Artist shall, at his/her expense, either (a) secure for City the right to continue exhibiting the Artwork by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Artwork so that it becomes non-infringing. The covenant and warranties set forth in this Section 3.1 shall survive the termination of this Agreement. 3.2 Quality and Condition. Artist represents and warrants, except as otherwise disclosed to City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by Artist to City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after acceptance of the Artwork as evidenced by a Notice of Completion issued in accordance with Section 1.9, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from the acceptance of the Artwork. City shall give written notice to Artist of any observed and claimed breach with reasonable promptness. Artist shall, at the request of City, and at no cost to City, cure reasonably and promptly the breach of any such warranty which is curable by Artist and which cure is consistent with professional conservation standards (including, for example, 111 Last Revised April 2015 Page 6 of 26 cure by means of repair or refabrication of the Artwork). ARTICLE IV. LOCATION AND DISPLAY OF ARTWORK 4.1 Location/Display. Notwithstanding any other provision of this Agreement, Artist hereby acknowledges and agrees that City shall have sole and absolute discretion on the determination of the location and placement of the Artwork at the Site Location. Artist further acknowledges and agrees that City may determine to remove the Artwork in its sole and absolute discretion. ARTICLE V. PERFORMANCE BONDS 5.1 Bonds. Artist shall not be required by City to post any performance bonds or similar undertakings. Nevertheless, Artist shall prevent any lien from attaching to the Artwork or the Site Location by any person or entity claiming under Artist. ARTICLE VI. PARTY REPRESENTATIVES 6.1 City Representative. For the purposes of this Agreement, City’s representative shall be the Director of Community Services, or such other person as that Director designates in writing (hereinafter the “City Representative”). It shall be Artist’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and obligations more particularly described in Exhibit A, and Artist shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 6.2 Artist Representative. For the purposes of this Agreement, TBD Artist (“Artist”) is the sole principal and representative of Artist authorized to act in his/her behalf with respect to the services specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of Artist were a substantial inducement for City to enter into this Agreement. Therefore, Artist shall be responsible during the term of this Agreement for performing or directing all activities of Artist and devoting sufficient time to personally perform or supervise, as appropriate, the services hereunder. Artist may not assign all or any of his/her obligations under this Agreement without the prior written approval of City. ARTICLE VII. OWNERSHIP OF ARTWORK; REPRODUCTION RIGHTS 7.1 Ownership of Artwork. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist during installation and shall pass to and vest in 112 Last Revised April 2015 Page 7 of 26 City upon (i) the commencement of the installation process and the full payment of the compensation described in Exhibit C or (ii) Termination of this Agreement. 7.2 Intellectual Property. Upon issuance of the Notice of Completion, title to all copyright and other intellectual property rights in the Artwork shall also pass to and vest in City. City shall have all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq., and all other rights in and to the Artwork, including ownership and possession. Artist shall retain no rights in the Artwork and shall have no rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq. In view of the intention that the Artwork shall be unique, Artist shall not make any duplicates or reproductions of the final artwork, nor shall Artist grant permission to others to do so. The parties recognize that City alone may grant such approval. City and its assigns may make reproductions of the Artwork for commercial purposes, including but not limited to reproductions used in posters, advertising, brochures, media publicity, and catalogues, provided that these rights are exercised in a tasteful and professional manner. All proceeds from such reproductions shall belong to the City. All reproductions of the Artwork by City shall include a credit to Artist and identify the location of the Artwork. ARTICLE VIII. ADDITIONAL ARTIST OBLIGATIONS 8.1 Artist’s Address. Artist shall notify City of any change in address. City shall take reasonable effort(s) to locate Artist when matters arise relating to the Artist’s rights under this Agreement. 8.2 Surviving Covenants. The covenants and obligations set forth in this Article VII shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees, and all their successors in interest, and City’s covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist’s estate shall assume the surviving covenants and obligations of Artist set forth in this Article VII. 8.3 Independent Contractor. Artist is, and shall at all times remain as to City, a wholly independent contractor. Artist shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Artist or any of Artist’s employees (if any), except as set forth in this Agreement. Artist shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Artist agrees to pay all required taxes on amounts paid to Artist under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of 113 Last Revised April 2015 Page 8 of 26 the independent contractor relationship created by this Agreement. Artist shall fully comply with the workers’ compensation law regarding Artist and its employees (if any). Artist further agrees to indemnify and hold City harmless from any failure of Artist to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any fees due to Artist under this Agreement any amount due to City from Artist as a result of Artist’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 7.3. ARTICLE IX. ARTIST’S RIGHTS AND RELATED CITY’S OBLIGATIONS 9.1 Identification. The Artist shall place his or her signature on a plaque near the artwork or directly on the mural identifying Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair for as long as the Artwork is displayed. 9.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. Until such time as City determines it no longer wishes to display the Artwork, City shall maintain the Artwork. 9.3 Repairs and Restoration. a.City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. At City’s option, Artist, during Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that City and Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon Artist's fee for such services. City shall have no obligation to utilize the services of Artist in this respect if it chooses to have the repairs and restoration done by other professionals. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 9.4 Maintenance, Alteration and Removal of the Artwork. a.City shall maintain Artwork in a manner that City determines appropriate in its sole discretion. All decisions regarding alterations to, or relocation or removal of, the Artwork are within the sole and absolute discretion of the City. 114 Last Revised April 2015 Page 9 of 26 b. If any alteration is made to the Artwork without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and the rights and protection afforded Artist thereunder. Artist, on behalf of him/herself and on behalf of his/her successors, heirs, and assigns, hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against City, and its elected and appointed officials, officers and employees arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature, or any other type of moral right protecting the integrity of works of art to the fullest extent permitted by law. Without limiting the generality of the foregoing, Artist expressly waives any rights under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws relating to the location, placement, or removal and disposal of the Artwork. c. The parties acknowledge and agree that because the Artwork is being installed at the roundabout located at Eisenhower Drive and Calle Sinaloa that is owned by the City, it will not be possible to preserve the Artwork if the City determines that it no longer wishes to have the Artwork on display at that Site Location. By way of example, the parties recognize that is would not be feasible or practical to relocate the Artwork after it is installed. For this reason, the parties agree that City shall have the right at any time and for any reason, to remove, destroy, or otherwise dispose of the Artwork, and Artist shall have no right to notice of such actions. City shall have no obligation to preserve the Artwork if it determines it no longer wishes to display the Artwork. In addition, should City transfer property containing the Site Location to a third party, all obligations of City under this Agreement shall terminate. 9.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. ARTICLE X. ASSIGNMENT OR TRANSFER 10.1 Artist shall not assign or transfer any interest in this Agreement without the prior written consent of City. If the assignment is approved, the parties shall enter an assignment and assumption agreement. Any attempt by Artist to assign, transfer, or subcontract any rights, duties, or obligations arising hereunder without City’s prior written consent shall be null, void and of no 115 Last Revised April 2015 Page 10 of 26 effect. ARTICLE XI. TERMINATION 11.1 City may, at its option, by written notice to Artist, terminate this Agreement either upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from City to Artist (“Termination”). Upon Termination, except as provided in this Agreement, all parties shall be released from all further obligations and liability hereunder. Effective upon Termination, the Artwork, or so much thereof as has then been completed, shall be transferred to and shall belong to City. In such event and upon Artist’s written request, City shall remove Artist’s name from the Artwork. ARTICLE XII. INSURANCE AND INDEMNIFICATION. 12.1 Insurance. Prior to the commencing any work under this Agreement and throughout the duration of the term of this Agreement, Artist shall procure and maintain, at Artist’s sole cost and expense, and submit to City concurrently with its execution of this Agreement, policies of insurance as set forth in Exhibit E (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 12.2 Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in Exhibit F (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. ARTICLE XII. GENERAL PROVISIONS 12.1 Notices. All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given (a) upon the delivery or receipt thereof, as the case may be, if delivered personally or recognized overnight courier service; or (b) on the third business day following deposit in the United States mail, sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: CITY: ARTIST: City of La Quinta TBD NAME Attn: Michael Calderon ADDRESS 78495 Calle Tampico ADDRESS 116 Last Revised April 2015 Page 11 of 26 La Quinta, CA 92253 12.2 Nondiscrimination. In the performance of the services under this Agreement, neither Artist nor City shall discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. 12.3 Entire Agreement. This Agreement and all exhibits attached hereto and incorporated herein by reference, embodies the entire integrated agreement and understanding between the parties hereto. There are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. 12.4 Modification. This Agreement and each of the terms embodied herein may be amended, altered, changed, or modified only by a written instrument signed by each party hereto and approved by appropriate action of City. 12.5 Waiver. No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 12.6 Governing Law; Venue. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, or in the Federal District Court in the district of California which includes Riverside County. 12.7 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of City and Artist, and their respective heirs, personal representatives, successors, and permitted assigns. 12.8 Severance. If any provision(s) of this Agreement is declared to be invalid, void, or illegal, such provision(s) shall be severed from this Agreement and shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 117 Last Revised April 2015 Page 12 of 26 12.9 Substitution. Whenever in the specifications of materials or process the Scope of Design Build Services indicates or specifies materials or processes by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words “OR EQUAL,” and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. Artist shall not offer any substitute material or process if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by City. 12.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing or is a natural person, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and permitted assigns of the parties. 12.11 Force Majeure. In addition to specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by City and Artist. 12.12 No Third Party Beneficiaries. With the exception of the specific 118 Last Revised April 2015 Page 13 of 26 provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 12.13 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] 119 Last Revised April 2015 Page 14 of 26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY OF LA QUINTA, a California Municipal Corporation By: By: _______________________ JON MCMILLEN, City Manager TBD, Artist City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 120 Last Revised April 2015 Page 15 of 26 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES I. SCOPE OF WORK a. Artist shall furnish all labor, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. b. Artist is responsible for submitting all required documents relating to the Artwork design so that all required approvals may be obtained in a timely manner. c. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the Artist shall not be charged to the City unless the City has agreed to such charge in writing. d. Artist shall complete the design in sufficient scale and detail as required by the City for approval. e. Artist's design shall be subject to approval by the City. f. Artist is not authorized to utilize the Site Location to display artworks (other than the Artwork which is the subject of this Agreement), and is not authorized to conduct any sales activities at the Site Location. g. Should the City wish to create reproductions of the Artwork, Artist shall cooperate with the City’s efforts, and shall execute any necessary consent forms, waivers, or other required documentation. The City owns all rights with regarding to the Artwork, including the right of reproduction in the form of miniature replicas of the sculpture, photographs, prints and posters, and has the right to sell these items. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: a. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist’s complete acceptance of all substrates as compatible with the work under this Agreement. 121 Last Revised April 2015 Page 16 of 26 b. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. c. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. Artist shall keep his work area in a neat and orderly manner, consistent with the operation of the Site Location, which will be open to the public during the installation. The Artist shall be responsible for all necessary signage or barricades to protect the Artwork and the general public during the installation. d. Artist shall provide for all unloading and bracing for the Artwork, and shall ensure that the area in which he is working is maintained in a safe and orderly manner. III. SPECIFIC ITEMS OF INCLUSION a.Artist will fabricate one bronze Gold Star Family monument. The monument will feature removable panels with ample space for engraving names, ranks, and information of service members and their families. The sculpture will stand TBD feet in height. b.Patina will be of traditional bronze and copper colors. c.The sculpture will be placed on a fabricated pedestal and attached to a TBD measurements slab of concrete as recommended by the City Engineer. d.The height of the pedestal will be determined by City staff. e.The Artist and any other individuals working on this project at the site location will be required to obtain an encroachment permit with the Public Works department, at no cost to Artist, prior to installation. f.Artist shall be required to possess a City of La Quinta business license. 122 Last Revised April 2015 Page 17 of 26 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately TBD months to complete once instructed to proceed. REVIEWS: The Community Resources Director will have regular visits and shall receive written progress reports from the Artist. The project may be reviewed by Public Works staff and the City Engineer as deemed appropriate. Any comments made by the City Engineer shall be addressed by the Artist. 123 Last Revised April 2015 Page 18 of 26 EXHIBIT C SCHEDULE OF COMPENSATION SCHEDULE OF PAYMENT TO ARTIST BY CITY: City shall pay Artist within fourteen (14) days of execution of this Agreement, a deposit in the amount of: TBD Final payment shall be made within fourteen (14) days of Artist’s receipt of the Notice of Completion. Total Not to Exceed: TBD 124 Last Revised April 2015 Page 19 of 26 EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: [Gold Star Family Monument] WHEREAS, by that certain Art Purchase Agreement dated May 27, 2022 (“Agreement”), THE CITY OF LA QUINTA, a California municipal corporation (“City”) contracted with TBD (“Artist”) to provide certain “Artwork” (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the City hereto certifies as follows: 1. As provided in the Agreement, City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, City has executed this certificate this TBD day of TBD month, TBD year. CITY OF LA QUINTA, a California Municipal Corporation By: Chris Escobedo, Director – Community Resources 125 Last Revised April 2015 Page 20 of 26 EXHIBIT E INSURANCE REQUIREMENTS E.1 Insurance. Prior to the beginning of and throughout the duration ofthis Agreement, the following policies shall be maintained and kept in fullforce and effect providing insurance with minimum limits as indicated belowand issued by insurers with A.M. Best ratings of no less than A-:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate). Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Artist shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Artist's acts or omissions rising out of or related to Artist's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Artist's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. Artist shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Artist, its officers, any person directly or indirectly employed by Artist, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Artist's performance under this Agreement. If Artist or Artist’s employees will use personal autos in any way on this project, Artist shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Artist's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against 126 Last Revised April 2015 Page 21 of 26 acts, errors or omissions of Artist and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Artist shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Artist shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Artist shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Artist’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Artistfails to provide or maintain any insurance policies or policy endorsements tothe extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of thepremiums for such insurance from any sums due under this Agreement. b. Order Artist to stop work under this Agreement and/or withholdany payment(s) which become due to Artist hereunder until Artist demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Artist's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage byArtist. Artist and City agree to the following with respect to insuranceprovided by Artist: 1.Artist agrees to have its insurer endorse the third partygeneral liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Artist also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply withthis Agreement shall prohibit Artist, or Artist’s employees, or agents, from waiving the right of subrogation prior to a loss. Artist agrees to waive subrogation rights against City regardless of the applicability of any 127 Last Revised April 2015 Page 22 of 26 insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Artist andavailable or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be incompliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definitionthat would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject toapproval, modification and additional requirements by the City, as the need arises. Artist shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements,consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Artist’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Artist or deducted from sums due Artist, at City option. 8. It is acknowledged by the parties of this agreement that allinsurance coverage required to be provided by Artist or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Artist agrees to ensure that subcontractors, and any otherparty involved with the project that is brought onto or involved in the project by Artist, provide the same minimum insurance coverage required of Artist. Artist agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Artist agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Artist agrees not to self-insure or to use any self-insuredretentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its 128 Last Revised April 2015 Page 23 of 26 obligations to City. If Artist’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Artist, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term ofthis Agreement to change the amounts and types of insurance required by giving the Artist ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Artist, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, thisAgreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Artist acknowledges and agrees that any actual or allegedfailure on the part of City to inform Artist of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Artist will renew the required coverage annually as long asCity, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Artist shall provide proof that policies of insurance requiredherein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Artist’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar actwill not limit the obligations of Artist under this agreement. Artist expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features or limitscontained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separateand distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections 129 Last Revised April 2015 Page 24 of 26 and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Artist agrees to be responsible for ensuring that nocontract used by any party involved in any way with the project reserves the right to charge City or Artist for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Artist agrees to provide immediate notice to City of anyclaim or loss against Artist arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 130 Last Revised April 2015 Page 25 of 26 EXHIBIT F INDEMNIFICATION F.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Artist’s services, to the fullest extent permitted by law, Artist shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Artist or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Artist, its officers, agents, employees or subcontractors (or any entity or individual that Artist shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Artist shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Artist. b. Indemnification for Other Than Professional Liability. Other thanin the performance of professional services and to the full extent permitted by law, Artist shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Artist or by any individual or entity for which Artist is legally liable, including but not limited to officers, agents, employees, or subcontractors of Artist. F.2 Standard Indemnification Provisions. Artist agrees to obtain executedindemnity agreements with provisions identical to those set forth herein thissection from each and every subcontractor or any other person or entityinvolved by, for, with or on behalf of Artist in the performance of thisAgreement. In the event Artist fails to obtain such indemnity obligations fromothers as required herein, Artist agrees to be fully responsible according tothe terms of this Exhibit. Failure of City to monitor compliance with theserequirements imposes no additional obligations on City and will in no way actas a waiver of any rights hereunder. This obligation to indemnify and defendCity as set forth herein is binding on the successors, assigns or heirs of Artistand shall survive the termination of this agreement or this section. a. Limitation of Indemnity. Without affecting the rights of City underany provision of this agreement, Artist shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the 131 Last Revised April 2015 Page 26 of 26 parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Artist will be for that entire portion or percentage of liability not attributable to the active negligence of City. 132 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH IN- SITE LANDSCAPE ARCHITECTURE, INC. TO PROVIDE MASTER PLANNING SERVICES FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02, LOCATED ON THE CORNER OF AVENUE 52 AND AVENIDA BERMUDAS RECOMMENDATION Approve Agreement for Contract Services with IN-SITE Landscape Architecture, Inc. in the amount of $79,375 to provide Master Planning Services for the Fritz Burns Park Improvements Project No. 2021-02; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY Fritz Burns Park (Park) is located on the corner of Avenue 52 and Avenida Bermudas (Attachment 1) and currently contains: o Swimming pool o Children's play area o Picnic tables & benches o Men’s and women’s restrooms o 6 tennis courts o 8 pickle ball courts o Water Feature o Skate park o Dog park o Parking lot and off-street parking Additional park amenities were identified as a community priority at the 2021 La Quinta Community Workshop, and funding for the Fritz Burns Park Improvements Project (Project) has been included in the City’s Capital Improvement Program (CIP). A request for proposals (RFP) for master planning services was issued in January 2022 and two proposals were received (Attachment 2). IN-SITE was selected as the most qualified firm to provide the requested services (Attachment 3). BUSINESS SESSION ITEM NO. 2 133 FISCAL IMPACT The Fiscal Year (FY) 2021/22 CIP includes funding in the amount of $350,000 to complete master planning services for the Project. There are sufficient funds in the project budget (401-0000-60185 202102D) for the proposed $79,375 contract with IN-SITE. Any remaining budget funds will be used for preliminary and final design. Additional funding for design is proposed in the CIP currently under development for FY 2022/23 and construction in FY 2023/24. BACKGROUND/ANALYSIS The total project area is 7.5 acres, located on the corner of Avenue 52 and Avenida Bermudas. The Fritz Burns property was donated to the City of La Quinta to serve as noncommercial public space. The property currently has a regional park and is adjacent to the City’s Corporate Yard and Fire Station #32. The park contains a swimming pool, children's play area, picnic tables & benches, men’s and women’s restrooms, 6 tennis courts, 8 pickle ball courts, a water feature, a skate park, a dog park, parking lot and off-street parking. During the 2021 La Quinta Community Workshop, additional amenities at Fritz Burns Park was identified as a community priority. Subsequently, funding was included in the FY 2021/22 CIP to provide master planning services for the Fritz Burns Park Improvements Project. Staff is currently proposing to keep all existing park amenities, including courts, dog parks, skate park, playground, pool, and pool building. The prioritized phased master planning effort will identify a potential re- configuration and consider additional park amenities. These amenities may include, but are not limited to pickle ball courts, parking, shade and misting, spectator and participant seating, pedestrian lighting, updated and increased bathrooms, fencing, a splash fountain, and location for trash collection for larger events that can be secured. Turf removal will be limited as much as possible. The tear drop property north of the park is in consideration to be incorporated for the improvements. The prioritized phased master plan scope for Fritz Burns Park includes: o Community outreach to determine community priorities; o Possible integration of existing Fritz Burns Park with the tear drop property north of the park; o Locations of additional park amenities and relocation of existing park amenities; o Construction estimates for each phase and option; o Presentation of options and phasing to both City Council and Community Services Commission. 134 Staff circulated an RFP for Fritz Burns Park master planning services, and two qualified firms submitted proposals. The selection committee, comprised of staff from the Community Resources, Planning and Public Works departments, interviewed both IN-SITE and David Volz Design; IN-SITE was selected as the most qualified firm. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Aerial Map 2. IN-SITE Proposal 3. IN-SITE Agreement 135 136 ATTACHMENT 1137 138 STATEMENT OF QUALIFICATIONS PRELIMINARY PARK PROGRAMMING ASSESSMENT As part of our commitment to the success of this project and as part of our proposal response, we have begun to analyze the park program elements and relaƟonship to each other, the park’s aestheƟc, and the sense-of- place within the park’s regional context. Please note, these are preliminary ideas that we prepared to illus- trate design concepts to the City as part of our proposal and approach. They are not intended to convey the final design of the park. Once selected for the project, our team will work with the City and community to pre- pare the park master plan taking into account all the City’s goals as a coordinated team player with the City. UNDERSTANDING AND APPROACH Our approach to the master plan process first starts with what exisƟng faciliƟes should re- main in place which faciliƟes should be relo- cated or redesigned. In our opinion, since the skate park and dog park would be the least negaƟvely impacted by being located across Avenue 52 in the new park parcel and because the exisƟng faciliƟes are relaƟvely small sized, we recommend those program elements be relocated into the new park parcel along with a new parking lot off Calle Amigo. By siƟng the dog park to the west, parking in the middle, and skate park to the east, a new large lawn picnic area centered on a graceful arc-shaped walkway could organize this space beauƟfully. The exisƟng newly constructed street improve- ment curbs and sidewalks would be able to remain undisturbed and access into the new parcel can be conveniently located at the ex- isƟng crosswalk sidewalk connector. Another arc-shaped walkway may be located south of Avenue 52 which would visually Ɵe the two park parcels into one park. Leading south, a new tree-lined shaded walkway with park benches and picnic tables may hug the east side of the exisƟng lawn and terminate at a new circular splash park. New shade shelters, addiƟonal lawn areas, and lounge seaƟng may be ideally located here serving the splash park, playground and pool complex. The playground area may be redesigned with new equipment, shade trees and seaƟng. The exisƟng parking lot may be expanded back into the current dog park area adding spaces while new tree islands can be added to provide shade and thus re- duce the urban heat island effect. Four new pickleball courts may be added south of the exisƟng tennis at the locaƟon of the current skate park/former parking lot keeping the new courts and exisƟng courts in the same vicinity. Example Preliminary Programming Conceptual Plan Preliminary Program Assessment Summary: ExisƟng Proposed Parking Spaces 59 106 Shade Shelters: 15 27 RecreaƟonal Lawn: +/- 1.4 ac +/- 1.4 ac Skate Park: 4,500 sf 14,116 sf Dog park 5,500 sf 8,385 sf Pickleball courts: 8 12 Improved Playground New Splash Pad Dog Run RecreaƟonal Lawn RecreaƟonal Lawn Skate Park New Pickleball Splash Pad Exist. Pool New Parking w/ Trees Expanded Parking w/ Trees ExisƟng Courts ExisƟng Basin Avenue 52 ATTACHMENT 2 139 STATEMENT OF QUALIFICATIONS UNDERSTANDING AND APPROACH In-Site also uses 3D modeling soŌware to provide sƟll frame renderings and virtual fly-through animaƟons of our projects to communicate our designs to clients and the public. Below are some example renderings that we prepared as part of our proposal response to help illustrate the preliminary park programming concepts. Example 3D Rendering - Bird’s eye view of the overall park Example 3D Rendering - New park parcel with parking off Calle Amigo, new dog park to the west, skate park to the east, and lawn picnic area in the center. 140 STATEMENT OF QUALIFICATIONS UNDERSTANDING AND APPROACH Example 3D Renderings - New state-of-the-art skate park with bowls, ramps, ledges, rails, steps, and shade structures. Example 3D Rendering - New dog park with separate areas for large dogs and small dogs including a vesƟbule fenced entry and shade structures Example 3D Rendering - Arc-shaped walkways and planƟng design visually Ɵe the two park parcels together 141 STATEMENT OF QUALIFICATIONS UNDERSTANDING AND APPROACH Example 3D Rendering - Splash park with adjacent shade shelters and lounge seaƟng. The surface of the splash park may also serve as a public art opportunity. In this example shows and abstract flower of the naƟve beavertail prickly pear cactus Example 3D Rendering - New tree-lined shaded walkway with park benches and picnic tables 142 STATEMENT OF QUALIFICATIONS UNDERSTANDING AND APPROACH Example 3D Rendering - Expanded parking lot, tree shading, splash park, new lawn areas, shade shelters, and tree- lined walkway leading to the new park parcel across Avenue 52 Example 3D Rendering - Redesigned playground area with addiƟonal tree shading 143 STATEMENT OF QUALIFICATIONS THE ‘GREEN OFFICE’ Since In-Site Landscape Architecture, Inc. was founded in 2007, the company has pioneered the sustainable “Green Office” model. For the last 15 years, all employees work from home offices to reduce our company’s carbon footprint and to improve employees’ work/life balance and producƟvity by eliminaƟng typical Ɵme-consuming Southern California commuƟng. Without the restricƟon of commuƟng to a designated office locaƟon, this has also allowed us to aƩract top talent in the Southern California region. Our staff works from Cathedral City, San Diego, Costa Mesa, Los Angeles, and New York. Our company seamlessly works together using the web-based MicrosoŌ Teams. This plaƞorm allows our staff to feel a sense of place, presence, and connecƟvity and also provides an online screen sharing and via video chat. While Covid-19 has changed the way most businesses and municipaliƟes operate, there was no change to In-Site’s procedures since we have already adapted and excelled with this business model over the past 15 years. UNDERSTANDING AND APPROACH MicrosoŌ Teams in-house meeƟng Local satellite office address: (Ron Moreno) 67-458 Rio Vista Drive Cathedral City, CA 92234 La Quinta PERSONAL CONNECTION Ron Moreno, one of the key team members for this project moved to the La Quinta Cove neighborhood from Co- lombia when he was 16 years old. As a teenager, Ron spent a lot of Ɵme at Fritz Burns Park playing soccer, swim- ming, skateboarding, and spending Ɵme with family and friends. He currently lives and works from his home sat- ellite office in nearby Cathedral City. Ron is so happy to work with our team on this opportunity to update a space that he enjoyed so much growing up and to serve the City of La Quinta on this exciƟng project! 144 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and IN-SITE Landscape Architecture, Inc. a California Corporation (“Contracting Party”). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to the Master Planning for Fritz Burns Park Improvements Project No 2021-02, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, ATTACHMENT 3 145 -2- employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer,or assigned designee,provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written 146 -3- change order if Contracting Party is a contractor performing the Services) from the Contract Officer,or assigned designee,incorporating therein any adjustment in (i)the Contract Sum, and/or (ii)the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s,or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer,or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Seventy-Nine Thousand Three-Hundred and Seventy-Five Dollars $79,375.00 (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of 147 -4- compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee,and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer,or assigned designee,pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer,or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer,or assigned designee,pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the 148 -5- time period specified in the Schedule of Performance may be approved in writing by the Contract Officer,or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer,or assigned designee,in writing of the causes of the delay. The Contract Officer,or assigned designee,shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination,or assigned designee,shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer,or assigned designee,to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on May 4, 2022, and terminate on June 30, 2023, (“Initial Term”). This Agreement may be extended upon mutual agreement by both parties (“Extended Term”) and executed in writing. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a)Name: Tim Jachlewski, President Tel No.(619)677-0631 E-mail: tim@insitelandarch.com (b)Name: Ron Moreno Tel No. Email: ron@insitelandarch.com 149 -6- It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer”,otherwise known as the Bryan McKinney, Public Works Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer,or assigned designee,is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer,or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer,or assigned designee. The Contract Officer,or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, 150 -7- discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and 151 -8- that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer,or assigned designee,such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer,or assigned designee,shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer,or assigned designee,of said fact, circumstance, technique, or event and the estimated 152 -9- increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer,or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer,or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer,or assigned designee,or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and 153 -10- Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer,or assigned designee,or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft 154 -11- documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10)days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 155 -12- 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer,or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer,or assigned designee,thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting 156 -13- Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer,or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the 157 -14- appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Bryan McKinney 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: IN-SITE Landscape Architecture, Inc. Tim Jachlewski Jr., President 2907 Shelter Island Drive #105-417 San Diego, CA 92106 158 -15- 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 159 -16- 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 160 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Tim Jachlewski Jr. Title: President ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 161 Exhibit A Page 1 of 7 Last revised summer 2017 Exhibit A Scope of Services Project Understanding: The City of La Quinta (City) reserves the right to negotiate final pricing with In-Site Landscape Architecture, Inc. (Consultant). Pricing shall remain firm for the entire initial term of the agreement. The total project area is 7.5 acres, located on the corner of Avenue 52 and Avenida Bermudas. The Fritz Burns property was donated to the City of La Quinta to serve as noncommercial public space. The property currently has a regional park and is adjacent to the City’s Corporate Yard and Fire Station #32; which sit on an additional four (4) acres. The park contains a swimming pool, children's play area, picnic tables & benches, men’s and women’s restrooms, 6 tennis courts, 8 pickle ball courts, a water feature, a skate park, a dog park, parking lot and off-street parking. The City is proposing to keep all existing park program elements; including courts, dog parks, skate park, playground, and pool and pool building. The potential re-configuration should be considered in the Master Plan and should consider constructing additional park amenities such as but not limited to: pickle ball courts, parking, shade and misting, spectator seating, seating, pedestrian lighting, updated and increased bathrooms, fencing, a splash fountain, and location for trash collection for larger events that can be secured. The City wants to limit turf removal as much as possible. The tear drop property north of the park is to be incorporated for the improvements. Scope of Services: Task 1 – Pre-Design Phase a) Consultant shall review the City’s existing data, reports, record drawings and studies concerning the project. b) Consultant shall attend a kickoff meeting with the City to discuss the goals and objectives for the project. The Consultant and City shall also review the preliminary programming, preliminary plan, and preliminary 3D renderings (prepared as part of the Consultant’s RFP response) to receive initial City feedback and direction if the City feels any of the preliminary ideas are desirable for the Master Plan. Consultant recommends conducting one overall meeting with each of the following City Departments to ensure Department goals and interests do not conflict with each other. x Meeting/Interview with Public Works Director, Maintenance Services Division Manager, Engineering Services/CIP Division Manager and Project Manager; x Meeting/interview with Maintenance Services Division Manager and key staff members; x Meeting/interviews with other stakeholders (i.e. Community Services Department, Building & Safety Department, Code Enforcement). c) Consultant shall conduct a site visit in association with the City and assess the project’s existing conditions, opportunities, and challenges. (This meeting may be combined with the above meeting). Deliverable: Memorandum identifying existing park amenities to remain, existing park amenities to be enhanced, existing park amenities to be relocated, and new park amenities and City’s goals and objectives for the project. Preliminary programming, preliminary plan, and preliminary 3D renderings (PowerPoint as presented in the RFP interview). Deliverable: Meeting minutes. Task 2 – Aerial Topographic Map 162 Exhibit A Page 2 of 7 a) Subconsultant (MBI) shall prepare an Aerial Topographic Map of the project site, at a scale of 1” = 40’, with one foot contour intervals and shall provide the completed Aerial Topographic Map in an AutoCAD digital format. The work will include the following tasks: 1.Preparation of a flight plan and layout of ground control targets; 2.Field surveying services to set ground control panels and survey their precise positions on the appropriate coordinate system basis; 3.Establishment of horizontal and vertical geodetic control on appropriate published datum; 4.Aerial photogrammetric and aero triangulation services; 5. Compilation of plannimetric and topographic features to digital medium; 6. Completion of field survey check profile observations and office analysis of said observations to check ground truth of the compiled map. EXCLUSIONS: 1. Potholing or underground exploration of utilities 2. Record of Survey Mapping 3.Anything else not specifically included in the Scope of Services above Optional Task Deliverable: CAD drafted aerial topographic map Task 3- Draft Site Master Plan a) Consultant shall prepare a Prioritized Phased Master Plan for Fritz Burns Park. It shall be based on the City goals and objectives in combination with the proposed programming and the results of the site opportunities and constraints analysis. It shall include the general layout of areas such as pathways, parking, park amenities, light standards, planting areas, turf areas, and key landscape elements. The Master plan shall identify existing park amenities to remain, existing park amenities to be enhanced, existing park amenities to be relocated, and new park amenities. (It is assumed that the preliminary skate park design included in the proposal response will be sufficient for the project or that the existing skate park will remain as-is. A new detailed skate park master plan is not included.) b)Consultant shall prepare a conceptual 3D computer model of the proposed plan and prepare at ten still frame views of the proposed design. Deliverable: Draft Site Master Plan Deliverable: Draft Site Master Plan incorporating City Staff feedback Deliverable: Draft Site Master Plan incorporating Community feedback Deliverable: 3D Renderings (ten views) Deliverable: Phasing Plan and or options Task 4 – Opinion of Probable Construction Cost Estimate a) Consultant shall prepare an opinion of probable construction cost estimate for each phase and option. Deliverable: Opinion of probable construction cost estimate for each phase and option. Task 5 – Meetings a) Consultant shall prepare for and attend Monthly PDT Meetings with all Stakeholders. b)Consultant shall prepare for and present at two (2) City Council Study Sessions and one (1) Community Services Commission Meeting. 163 Exhibit A Page 3 of 7 Deliverable: Meeting minutes for each meeting. PowerPoint presentation for City Council and Commission Meetings. Task 6 - City Approval of Master Plan a) Consultant shall submit twelve (12) copies and one (1) electronic copy of the draft master plan for review and comment by City staff. b) Based upon comments received from the City, consultant will revise the draft master plan and resubmit twenty (20) copies. c) Staff approved master plan will be presented to the City Council as a study session item for review and comment and Community Services Commission Meeting. d) Consultant will make final changes and submit twenty (20) copies of the final version of the master plan. Consultant will provide electronic version compatible with existing City software. OPTIONAL Task 7- Community Outreach a) Consultant shall attend and assist City with two community meetings. (It is assumed the City will provide the venue and invite the public to the meetings). b) The first meeting shall present the existing site conditions, City’s goals for the project, and initial park programming and will provide the opportunity for the community to provide feedback on each of the above. c) The second meeting will present the results of the first meeting and the draft park master plan for community feedback. Deliverable: Community Meeting #1 memorandum of results. Deliverable: Community Meeting #2 memorandum of results. Exclusions: a) Construction Documents b) Architectural plans c) Grading and drainage plans d) Hydrology and drainage reports e) Lighting and electrical plans f) Structural engineering and calculations g) Geotechnical studies and pavement recommendations h) Splash Park mechanical, electrical, and plumbing plans i) Permitting j) Agencies fees k) Phase 2 or Phase 3 Environmental Audits l) Anything else not specifically included in the Scope of Services above 164 Exhibit A Page 4 of 7 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1.Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY- 165 Exhibit A Page 5 of 7 FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2.Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement. 3.Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 166 Exhibit A Page 6 of 7 damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a)Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b)City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c)in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5.Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 167 Exhibit A Page 7 of 7 bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6.Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 168 Exhibit B Page 1 of  Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Seventy-Nine Thousand Three Hundred and Seventy-Five Dollars ($ 79,375.00) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 169 7DVN%DVHG'HWDLOHG)HH6FKHGXOH ,QYRLFLQJVKDOOEHOXPSVXPSHUWDVNLWHP ,16,7(3ULQFLSDO/DQGVFDSH$UFKLWHFW,16,7(/DQGVFDSH$UFKLWHFW,16,7(/DQGVFDSH6XSSRUW1(:/,1(6NDWHSDUN'HVLJQ0DQDJHU1(:/,1(6NDWHSDUN4$4&1(:/,1(6HQLRU6NDWHSDUN'HVLJQHU0%,6XUYH\0DQDJHU0%,3URMHFW6XUYH\RU0%,0DQ6XUYH\&UHZ0%,$HULDO3KRWRJUDPPHWU\%LOOLQJ5DWHV7DVN±3UH'HVLJQ3KDVHD 'DWD5HYLHZ     E .LFNRII0HHWLQJ LQFOXGLQJSUHSDQGPLQXWHV      F 6LWH9LVLW     7DVN±$HULDO7RSRJUDSKLF0DSD $HULDO7RSRJUDSKLF0DS        7DVN'UDIW6LWH0DVWHU3ODQD 'UDIW6LWH0DVWHU3ODQ           E 'UDIW6LWH0DVWHU3ODQZLQLWLDO&LW\FRPPHQWV     F 'UDIW6LWH0DVWHU3ODQZFRPPXQLW\FRPPHQWV     7DVN±2SLQLRQRI&RVWVD 2SLQLRQRI3UREDEOH&RQVWUXFWLRQ&RVW        7DVN±0HHWLQJVD 0HHWLQJV %LZHHNO\UHFRPPHQGHG WRWDO   E &LW\&RXQFLO6WXG\6HVVLRQ     F &LW\&RXQFLO6WXG\6HVVLRQ     G &RPPXQLW\6HUYLFHV&RPPLVVLRQ     7DVN&LW\$SSURYDORI0DVWHU3ODQD 5HYLVHG'UDIW6LWH0DVWHU3ODQ     E )LQDO6LWH0DVWHU3ODQ     68%727$/5HLPEXUVDEOH([SHQVHV SULQWLQJVKLSSLQJEXGJHWHGQXPEHU 727$/ QRWLQFOXGLQJRSWLRQDOWDVNLWHPVEHORZ 237,21$/7$6.,7(067DVN&RPPXQLW\2XWUHDFK 2SWLRQDO 237,21$/D 0HHWLQJ     E 0HHWLQJ     727$/ LQFOXGLQJRSWLRQDOWDVNLWHPV Exhibit B Pageof170 Exhibit C Page 1 of  Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. 171 0$<-81(-8/<$8*867)5,7=%85163$5.6&+('8/(910111213 1617181920 2324252627 3031123 678910 1314151617 2021222324 272829301 45678 1112131415 1819202122 2526272829 12345 891011127DVN±3UH'HVLJQ3KDVHD 'DWD5HYLHZE 3UHOLPLQDU\0HHWLQJ V  =RRP E 0HHWLQJZLWKDOO'HSDUWPHQWV 2Q6LWH F 6LWH9LVLW7DVN±$HULDO7RSRJUDSKLF0DSD $HULDO7RSRJUDSKLF0DS7DVN'UDIW6LWH0DVWHU3ODQD 'UDIW6LWH0DVWHU3ODQE 'UDIW6LWH0DVWHU3ODQZ&LW\FRPPHQWVF 'UDIW6LWH0DVWHU3ODQZ&RPPXQLW\FRPPHQWV7DVN±2SLQLRQRI&RVWVD 2SLQLRQRI3UREDEOH&RQVWUXFWLRQ&RVW7DVN±0HHWLQJVD (YHU\RWKHUZHHNDVQHHGHGE &LW\&RXQFLO6WXG\6HVVLRQF &LW\&RXQFLO6WXG\6HVVLRQG &RPPXQLW\6HUYLFHV&RPPLVVLRQ7DVN&LW\$SSURYDORI0DVWHU3ODQD 5HYLVHG'UDIW6LWH0DVWHU3ODQE )LQDO6LWH0DVWHU3ODQ2SWLRQDO7DVN&RPPXQLW\2XWUHDFKD 0HHWLQJE 0HHWLQJExhibit C Pageof172 Exhibit D Page 1 of 1 Exhibit D Special Requirements None. 173 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 174 Exhibit E Page 2 of 6 damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy 175 Exhibit E Page 3 of 6 endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1.Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2.No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3.All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 176 Exhibit E Page 4 of 6 4.None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5.No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6.All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7.Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8.It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9.Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10.Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and 177 Exhibit E Page 5 of 6 further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11.The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13.Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14.Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15.Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 178 Exhibit E Page 6 of 6 16.The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17.Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18.These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19.The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20.Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21.Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 179 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend except for professional liability claims (with counsel selected by City), and hold harmless City and any and all of its officials, and employees, (“Indemnified Parties”) from and against any and all losses, liabilities, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to 180 Exhibit F Page 2 of 3 indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. Contracting Party shall not be required to indemnify any indemnitee against professional liability claims but shall reimburse the indemnitee for reasonable attorneys’ fees and legal costs to the extent any such claim is caused by Contracting’s Party negligence or willful misconduct. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions 181 Exhibit F Page 3 of 3 identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 182 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF: 1) AVENUE 50 WIDENING IMPROVEMENTS PROJECT NO. 2022-05, 2) JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT 2022-07, AND 3) JEFFERSON STREET SLURRY IMPROVEMENTS PROJECT 2021-17; AND APPROPRIATE FUNDING FOR JEFFERSON STREET SLURRY IMPROVEMENTS RECOMMENDATION A.Appropriate funding in the amount of $594,000 for Jefferson Street Slurry Improvements. B.Approve a cooperative agreement with the City of Indio for the design and construction of: 1.Avenue 50 Widening Improvements (Jefferson Street to Madison Street) Project No. 2022-05; 2.Jefferson Street and Highway 111 Intersection Improvements Project No. 2022-07; and 3.Jefferson Street Slurry Improvements Project 2021-17. C.Authorize the City Manager to finalize and execute the agreement. EXECUTIVE SUMMARY •This Cooperative Agreement will cover three separate projects with shared jurisdictional boundaries: o Avenue 50 widening improvements between Jefferson Street and Madison Street; o Jefferson Street and Highway 111 intersection improvements; o Jefferson Street Slurry Improvements between Avenue 50 and the Northern City Limits near Dunbar Drive •Avenue 50 Improvements and Jefferson Street and Highway 111 Intersection Improvements are included in the Fiscal Year (FY) 2022/23 Capital Improvement Program (CIP). BUSINESS SESSION ITEM NO. 3 183 •Staff is requesting funding for Jefferson Street Slurry Improvements for the construction phase. •La Quinta will pay 50% of the local agency cost for the design phases of the projects and actual jurisdictional cost for the right of way and construction phases of the projects. FISCAL IMPACT Staff requests $594,000 of General Fund monies be appropriated for the construction phase of Jefferson Street Slurry Improvements. This budget includes a 10% contingency. Avenue 50 Improvements are included in the CIP under development (Project No. 2022-05) with the following budget: FY 2022/23 $100,000 for Design; and FY 2023/24 $471,613 for Construction. Jefferson Street and Highway 111 Improvements are included in the CIP under development (Project No. 2022-07) with the following budget: FY 2022/23 $487,000. BACKGROUND/ANALYSIS The City of Indio and the City of La Quinta have discussed and identified opportunities to partner on three shared jurisdictional projects: •Avenue 50 widening improvements between Jefferson Street and Madison Street o This project is within the City’s Transportation Needs Analysis and will be reimbursed by CVAG for 75% of the project costs. o Improvements will widen corridor to the modified ultimate condition Two lanes in each direction Bike lanes on each side Sidewalk on north side of Avenue 50 Decomposed granite trail on southside of Avenue 50 Improved drainage system •Jefferson Street and Highway 111 intersection pavement and grading/drivability improvements o This intersection has been identified by Staff and Residents as a priority project to improve the pavement quality and drivability 184 •Jefferson Street Slurry Improvements between Avenue 50 and the Northern City Limits near Dunbar Drive o Staff recommends including this project to complete improvements within the shared jurisdiction corridor while the City of Indio is performing slurry operations. Improvements will include buffered bike lanes. Schedule: •Avenue 50 Improvements: City of Indio is in the process of procuring a Design Consultant •Jefferson Street and Highway 111: Preliminary Design is underway •Jefferson Street Slurry Improvements: City of Indio is anticipated to start construction by the end of May 2022 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Cooperative Agreement 185 186 COOPERATIVE AGREEMENT FOR AVENUE 50 IMPROVEMENTS; JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT; AND JEFFERSON STREET PAVEMENT IMPROVEMENTS WITHIN THE SHARED JURISDICTIONAL BOUNDARY This COOPERATIVE AGREEMENT FOR AVENUE 50 IMPROVEMENTS; JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT; AND JEFFERSON STREET PAVEMENT IMPROVEMENTS WITHIN THE SHARED JURISDICTIONAL BOUNDARY (hereinafter “Agreement”) is entered into this ______ day of _______________, 2022 between the City of Indio (INDIO), a California municipal corporation, referred to herein as “INDIO.” The CITY OF LA QUINTA (LA QUINTA), a California a municipal corporation and charter city, is referred to herein as “LA QUINTA,” collectively referred to as “Contracting Parties” or individually as “Contracting Party.” 1.0 SCOPE OF AGREEMENT 1.1 Scope for Project A. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to design improvements for Avenue 50 from Jefferson Street to Madison Street. Improvements are proposed to increase capacity, mitigate flooding, improve driver safety, and increase traffic flow along Avenue 50 from Jefferson Street to Madison Street intersection (“Scope A Project”), depicted in Exhibit “A” attached hereto and incorporated herein by reference. Contracting Parties hereby agree that Indio will act as the lead and will be responsible to complete or cause to complete the project management, preliminary design, drainage report, environmental evaluations, survey, and geotechnical report (collectively referred to herein as “Scope A Preliminary Professional Services”). Parties hereby agree that design and construction of the Project will be publically bid to advertised for proposals from professional services firms for plans and specifications. The approximate cost for Scope A Preliminary Professional Services is specified in the Design Cost in Exhibit “B” attached hereto and incorporated herein by reference (“Scope A Project Cost”). Contracting Parties hereby agree that La Quinta shall reimburse Indio for 50% of the Preliminary Scope A Project Cost as identified in the Project Estimate in Exhibit “B”, excluding the items in Section 3.2, in accordance with the terms of this Agreement. Following the completion of the Scope A Preliminary Professional Services this agreement may be amended to include Final Professional Services and Construction. 1.2 Scope for Project B. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to design improvements at the intersection of Jefferson Street and Highway 111. The proposed improvements include rehabilitating ATTACHMENT 1 187 the existing asphalt concrete and re-grading the intersection to improve drainage and driveability (“Scope B Project”), depicted in Exhibit “A” attached hereto and incorporated herein by reference. Contracting Parties hereby agree that Indio will act as the lead and will be responsible to complete or cause to complete the project management, preliminary design, environmental evaluations, drainage evaluation, survey, and geotechnical report (collectively referred to herein as “Scope B Preliminary Professional Services”). The cost for Scope B Preliminary Professional Services is specified in the Design Cost in Exhibit “B” attached hereto and incorporated herein by reference (“Scope B Project Cost”). Contracting Parties hereby agree that La Quinta shall reimburse Indio for 50% of the Scope B Project Cost, excluding the items in Section 3.2, in accordance with the terms of this Agreement. Following the completion of the Preliminary Professional Services this agreement may be amended to include Final Professional Services and Construction. 1.3 Scope for Project C. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to construct, finance, operate, and maintain improvements along Jefferson Street with the shared jurisdictional boundary. The proposed improvements includes crack fill, REAS slurry seal, striping, and localized dig-outs (“Scope C Project”), depicted in Exhibit “A” attached hereto and incorporated herein by reference. Contracting Parties hereby agree that Indio will act as the lead and will be responsible to complete or cause to complete the project management, construction management, material testing, and construction (collectively referred to herein as “Scope C Construction Services”). The cost for Scope C Construction Services is specified in the Project Estimate in Exhibit “B” attached hereto and incorporated herein by reference (“Scope C Project Cost”). Contracting Parties hereby agree that La Quinta shall reimburse Indio for 100% of the work done within the City of La Quinta jurisdictional boundary, excluding the items in Section 3.2, in accordance with the terms of this Agreement. 1.3 Compliance with Law. The Projects contemplated herein shall be paid for and constructed in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City, County, and any Federal, State, or local governmental agency of competent jurisdiction. 1.4 Wage and Hour Compliance. Contracting Parties shall require all Contractors to comply with applicable Federal, State, and local wage and hour laws for the Projects. 1.5 Licenses, Permits, Fees and Assessments. Contracting Parties shall require Contractors to obtain such licenses, permits, and approvals as may be required by law for the performance of the Projects, and Contractors shall be responsible to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Projects. 188 1.6 Familiarity with Project. Contracting Parties shall require any Contractor to warrant that they (a) have thoroughly investigated and considered the Projects to be performed, (b) have investigated the site where the Projects is to be constructed and fully acquainted with the conditions there existing, (c) have carefully considered how the Projects should be completed, and (d) fully understand the facilities, difficulties, and restrictions attending completion of the Projects. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Parties shall fund and construct the Projects as depicted in Exhibit “A” and the Project Costs in Exhibit “B”. If additional work is required beyond the work contemplated by the scope of work presented in Exhibit “A” and or the cost presented in Exhibit “B”; Contracting Parties shall not authorize any Design Engineer or Contractor to perform such Additional Work until receiving prior written authorization from all Contracting Parties. All contract change orders which individually or cumulatively exceed 10% of the bid price as described in Exhibit “B” for the relevant contract bid items shall be submitted by Indio to La Quinta for review and approval prior to authorization by Indio. 1.8 Responsibility for Operations and Maintenance Following Project Completion. Upon completion of the Project, the Contracting Parties shall assume maintenance responsibilities for the improvements within the respective jurisdictions of the Contracting Parties. Notwithstanding, any agreement(s) in place prior to this Agreement shall remain in full force and effect in accordance with the terms and provisions of those preexisting agreements. 2.0 PAYMENT OF COSTS 2.1 Contract Sum. Contracting Parties understand that Indio may include Project A as part of a larger project. However, for this portion of work from Jefferson Street to Madison Street, as contemplated by this Agreement, Contracting Parties shall pay a percentage of the combined total anticipated price in the amount of one hundred sixty-five thousand dollars ($165,000) (“Scope A Project Cost”), as described in more detail in Exhibit “B.” CVAG shall contribute 75% of the project cost. The remaining will be split with the City of La Quinta contributing 50% of the Project Cost and the City of Indio contributing 50% of the Project Cost, subject to the following terms. For Project B contemplated by this Agreement, Contracting Parties shall pay a combined total price in the amount of fifty-five thousand seven hundred twenty dollars ($55,720) (“Scope B Project Cost”), as described in more detail in Exhibit “B.” The City of La Quinta shall contribute 50% of the Project Cost, and the City of Indio shall contribute 50% of the Project Cost, subject to the following terms. For Project C contemplated by this Agreement, the City of La Quinta shall pay the total price in the amount of five hundred forty thousand dollars ($540,000) (“Scope C Project Cost”), as described in more detail in Exhibit “B.” The City of La Quinta shall contribute 100% of the Project Cost within the City of La Quinta jurisdiction boundary, subject to the following terms. 189 The Contracting Parties acknowledge that Indio will executed an agreement for outside funding for Project A preliminary project design costs with the Coachella Valley Association of Governments (“CVAG”) in the amount not to exceed six hundred seventy-five thousand dollars ($675,000) for Preliminary Engineering Costs. The budget allocation is specified in the Project Estimate in Exhibit “B” attached hereto and incorporated herein by reference (“Project Cost”). Indio shall be responsible for the initial payment of Project Costs. Indio shall invoice La Quinta and La Quinta shall reimburse Indio quarterly or upon completion of major milestone of work for each Project as requested by Indio. An estimate is provided in Exhibit “B”. The Contracting Parties acknowledge that the internal staff costs of Indio and La Quinta shall be paid for by each Contracting Party and are not included as reimbursements in this Agreement between each Contracting Party. However, La Quinta may submit periodic summaries of actual internal costs incurred to La Quinta and Indio shall endeavor to submit for reimbursement from CVAG as reimbursement is available. Indio after receiving reimbursement from CVAG shall reimburse La Quinta for CVAG’s share of the cost. Any Additional Services required shall be approved in advance and paid for in proportional shares upon obtaining written authorization for such Additional Services from all Contracting Parties. 3.0 COORDINATION OF WORK 3.1 Representative of Contracting Party. The following principals of Contracting Party (“Representatives”) are hereby designated as being the representatives of each Contracting Party authorized to act in its behalf with respect to the Projects specified herein and make all decisions in connection therewith: a. Timothy T. Wassil, P.E., P.M.P, C.C.M, Director of Public Works, City of Indio E-mail: TWassil@Indio.org b. Bryan McKinney, PE, Public Works Director/City Engineer, City of La Quinta E-mail: bmckinney@laquintaca.gov The foregoing Representatives shall be responsible during the term of this Agreement for directing all activities of their respective Contracting Party. For purposes of this Agreement, the foregoing Representatives may not be changed without the approval of all Contracting Parties, which approval shall not be unreasonably withheld or denied. 3.2 Contracting Party Responsibilities. In furtherance of this Agreement, and as the lead agency for the Project, Indio hereby agrees to complete the following objective: 190 Scope A and Scope B: (1) To complete the Project Approval and Environmental Document Phase (PA&ED). The phase of work includes procuring a design firm, finalizing the design approach and parameters, and completing the appropriate environmental documents to secure environmental clearance. Indio shall also secure any necessary environmental permits. (2) To prepare Preliminary Plans, Specifications, and Estimates (Preliminary PS&E) for the Project. Preliminary PS&E shall be prepared in accordance with the standards and practices of Indio and La Quinta based on respective jurisdictional boundaries and all applicable laws and regulations therein. (3) To identify and locate all utility facilities with the Project area as part of its Project design responsibility. (4) To prepare an environmental document to obtain necessary environmental clearances in accordance with the California Environmental Quality Act (CEQA). (5) To apply for a no-fee encroachment permit for work within La Quinta’s street rights-of-way, in accordance with La Quinta standard permit procedures, provided that La Quinta agrees to cooperate in the issuance of any other required permits necessary for the Project. Scope C: (1) To complete the Construction Services as identified in the Scope C Project. Provide final accounting and quantity adjustments. La Quinta, upon submittal by Indio or any employee, or agent, shall review and participate in Design Firm Selection for Project A. La Quinta, upon submittal by Indio or any employee, or agent, shall review the environmental reports, project studies, and preliminary plans. Indio, free of charge, upon application by Indio or any employee, agent, or contractor of Indio, shall issue the necessary encroachment permits for required work within the Contracting Party’s street right-of-way associated with the Project. In the construction of the Project, Indio will furnish or contract for a representative to perform the function of “Resident Engineer,” and La Quinta hereby reserves the right to provide a representative to assist the Resident Engineer. Representatives from La Quinta may consult with Indio’s Resident Engineer; however, Indio’s Resident Engineer’s decision shall be considered final. 191 3.4 Independent Contractor. The Contracting Parties hereby acknowledge that neither Contracting Parties nor any employees of Contracting Parties shall have any control over the manner, mode, or means by which any selected Contractor and its agents and employees perform the services contemplated by the project, except as otherwise set forth herein. Contracting Parties shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services for the Project. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services for the Project shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by Contracting Parties, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of Contracting Parties and entitlement to any contribution to be paid by Contracting Party for employer contributions and/or employee contributions for PERS benefits. 4.0 INDEMNIFICATION. 4.1 Indemnification by Indio. Indio agrees to indemnify, defend and hold harmless La Quinta and their respective officials, officers, agents, and employees from and against liability, expenses (including reasonable attorneys’ fees), losses, suits, and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from Indio’s performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of La Quinta, in the respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties. 4.2 Indemnification by La Quinta. La Quinta agrees to indemnify, defend and hold harmless Indio and their respective officials, officers, agents, and employees from and against liability, expenses (including reasonable attorneys’ fees), losses, suits, and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from La Quinta performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of Indio, in the respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties. 4.3 Indemnification from Contractor. Contracting Parties shall require each and every Contractor performing work for the Projects to indemnify, defend, and hold harmless, to the maximum extent allowable by law, the Contracting Parties for that work performed on the Projects by the Contractor. 5.0 RECORDS AND REPORTS. 5.1 Records. Contracting Parties shall keep such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other 192 documents relating to the Projects (“Books and Records”) for three (3) years following completion of the Project. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contracting Parties shall have full and free access to such Books and Records of any other Contracting Party at all times during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. 5.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared for the Project (the “Documents and Materials”) shall be the joint property of all Contracting Parties. Any Contracting Party shall be entitled to use or reuse such completed Documents and Materials for other projects and/or use uncompleted documents for any purpose. 6.0 ENFORCEMENT OF AGREEMENT. 6.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Contracting Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action. 6.2 Disputes. In the event of any dispute arising under this Agreement, the injured Contracting Party shall notify the remaining Contracting Parties in writing of its contentions by submitting a claim therefore. The injured Contracting Party shall continue performing its obligations hereunder so long as the injuring Contracting Party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty- five (45) days after service of the notice or as soon thereafter as practicably may be accomplished, provided that if the default is an immediate danger to the health, safety, or general welfare, the injured Contracting Party may take such immediate action as deemed warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any Contracting Party's right to take legal action in the event that the dispute is not cured. 6.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Contracting Party on any default shall impair such right or remedy or be construed as a waiver. Contracting Parties’ consent or approval of any act by any other Contracting Party requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent act of Contracting Party. Any waiver by any Contracting Party of any 193 default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Contracting Parties are cumulative and the exercise by any Contracting Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another Contracting Party. 6.5 Legal Action. In addition to any other rights or remedies, any Contracting Party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 6.6 Attorneys' Fees. If any Contracting Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing Contracting Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by such Contracting Party for legal services multiplied by the actual hours spent by the prevailing Contracting Party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Contracting Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 7.0 OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 7.1 Non-liability of Officers and Employees. No officer, official, employee, agent, representative, or volunteer of any Contracting Party shall be personally liable to any Contracting Party, or any successor in interest, in the event of any default or breach by any Contracting Party or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 7.2 Conflict of Interest. Contracting Parties covenant that neither Contracting Parties, nor any officer or principal thereof, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Contracting Parties or which would in any way hinder Contracting Parties’ performance of this Agreement. Contracting Parties agree to at all times avoid conflicts of interest or the appearance of any conflicts of interest in the performance of this Agreement. 194 No officer or employee of any Contracting Party shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any local or State statute or regulation. 7.3 Covenant against Discrimination. Contracting Parties covenant that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Parties shall take affirmative action to ensure employees and Contractor’s employees and agents are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 8.0 MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice, demand, request, consent, approval, or communication any Contracting Party desires or is required to give to any other Contracting Party shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Any Contracting Party may change its address by notifying the other Contracting Party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City of Indio P.O. Box Drawer 1788/100 Civic Center Indio, CA 92201 Attn: City Manager Telephone: (760) 391-4000 FAX No.: (760) 391-4008 To City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager Telephone: (760) 777-7000 8.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against any Contracting Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 195 8.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 8.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the Contracting Parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Contracting Parties, and none shall be used to interpret this Agreement. 8.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by all Contracting Parties. The Contracting Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 8.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Contracting Parties hereunder unless the invalid provision is so material that its invalidity deprives any Contracting Party of the basic benefit of their bargain or renders this Agreement meaningless. 8.8 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 8.9 Authority. The persons executing this Agreement on behalf of each of the Contracting Parties hereto represent and warrant that (i) such Contracting Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Contracting Party, (iii) by so executing this Agreement, such Contracting Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Contracting Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Contracting Parties. 8.10 Electonic Signatures and Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Contracting Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Contracting Parties further agree that the electronic signatures of the Contracting 196 Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among Contracting Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Contracting Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Contracting Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [SIGNATURES ON FOLLOWING PAGE] 197 IN WITNESS WHEREOF, the Contracting Parties have executed this Agreement as of the dates stated below. CITY OF INDIO, a California municipal corporation BRYAN MONTGOMERY, City Manager Dated: ATTEST: CYNTHIA HERNANDEZ, CMC, City Clerk Indio, California APPROVED AS TO FORM: Roxanne Diaz, City Attorney City of Indio, California 198 IN WITNESS WHEREOF, the Contracting Parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation RECOMMENDED FOR APPROVAL: _____________________ Dated: ________ Jon McMillen, City Manager ATTEST: ___________________________________ Monika Radeva, City Clerk City of La Quinta , California APPROVED AS TO FORM: ___________________________________ William H. Ihrke, City Attorney City of La Quinta , California 199 Exhibit A Project A Improvement Scope and Exhibit The Summary of Scope of Services for Avenue 50 from Jefferson Street and Madison Street Project is as follows: 1. Conduct existing utility research for all utilities within the project limits to identify, locate, and layout all above and underground improvements. 2. Prepare required environmental document. 3. Prepare drainage report. 4. Prepare preliminary plans, specifications, and estimate for Avenue 50 between Jefferson Street and Madison Street – Improve this corridor to the modified ultimate condition with two lanes in each direction, bike lanes on each side, sidewalk on north side of Avenue 50, DG trail on southside of Avenue 50, and drainage system. Additional modifications to the the City of La Quinta ultimate condition include 11-foot wide parkway and raised median only where they currently exist and where needed to restrict traffic movements. Project Area 200 Exhibit A Project B Improvement Scope and Exhibit The Summary Scope of Services for the Jefferson Street and Highway 111 Intersection Pavement Rehabilitation Project is as follows: 1. Prepare a Geotechnical Report to determine the rehabilitation method for the pavement within the intersection of Jefferson Street and Highway 111. 2. Prepare preliminary plans that adjust the finished surface grades to accommodate proper drainage conveyance throughout the intersection and into existing drainage inlets and that improves driveability. 3. Prepare Drainage Memo for the existing drainage system. 201 Exhibit A Project C Improvement Scope and Exhibit The Summary Scope of Services for the Jefferson Street Crack Fill and REAS Slurry is as follows: City of La Quinta: Approximately 785,000 square feet Project Includes: • REAS slurry • Crack fill • Striping • Small asphalt repairs 202 Exhibit B Anticipated Project A Cost Estimate Avenue 50 from Jefferson Street and Madison Street Project Note: Actual costs will be determined after Design Firm is awarded work Item CVAG Share City of Indio Share City La Quinta Share Total 75% 50% 50% City Project Management $9,750.00 $1,625.00 $1,625.00 $13,000.00 Designer Project Management $6,750.00 $1,125.00 $1,125.00 $9,000.00 Survey $13,500.00 $2,250.00 $2,250.00 $18,000.00 Utility Research $1,500.00 $250.00 $250.00 $2,000.00 Geometric Drawings $12,750.00 $2,125.00 $2,125.00 $17,000.00 Geotechnical Analysis $7,500.00 $1,250.00 $1,250.00 $10,000.00 Hydraulic Analysis $6,000.00 $1,000.00 $1,000.00 $8,000.00 Agency Coordination $1,125.00 $187.50 $187.50 $1,500.00 CEQA Determination $22,500.00 $3,750.00 $3,750.00 $30,000.00 Preliminary Plans and Cost Estimate (30%) $30,375.00 $5,062.50 $5,062.50 $40,500.00 Utility Coordination $2,250.00 $375.00 $375.00 $3,000.00 Obtain Preliminary Title Report & Examination $7,500.00 $1,250.00 $1,250.00 $10,000.00 Utility Coordination $2,250.00 $375.00 $375.00 $3,000.00 Total $123,750.00 $20,625.00 $20,625.00 $165,000.00 203 Exhibit B Project B Cost Estimate Jefferson Street and Highway 111 Intersection Pavement Rehabilitation Project Item City of Indio Share 50% City La Quinta Share 50% Total City Project Management $ 5,000.00 $ 5,000.00 $ 10,000 Field Survey $ 3,972.00 $ 3,972.00 $ 7,944 Geotechnical Investigation & Pavement Rehabilitation Recommendations $ 5,935.00 $ 5,935.00 $ 11,870 Preliminary Drainage Investigation $ 2,821.00 $ 2,821.00 $ 5,642 Preliminary Design $ 9,357.00 $ 9,357.00 $ 18,714 Preliminary Cost Estimate $ 775.00 $ 775.00 $ 1,550 Total $ 27,860.00 $ 27,860.00 $ 55,720 204 Exhibit B Project C Cost Estimate Jefferson Street Crack Fill and REAS Slurry Construction cost estimate for La Quinta’s portion on Jefferson: $540,000 • Approx. 785,000 Sq. ft. Includes: • REAS slurry • Crack fill • Striping • Small asphalt repairs 205 206 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: DISCUSS SHORT-TERM VACATION RENTAL PROGRAM 2021 AND FIRST QUARTER 2022 CHARACTERISTICS, COMPLIANCE AND ENFORCEMENT OVERVIEW RECOMMENDATION Discuss the Short-Term Vacation Rental program 2021 and first quarter 2022 characteristics, compliance, and enforcement overview. EXECUTIVE SUMMARY On May 20, 2021, Section 3.25.055 of the La Quinta Municipal Code (LQMC) established a permanent ban on the issuance of new short-term vacation rental (STVR) permits in residential areas (Permit Ban), unless the property is located within an “exempt” area depicted on the map in Attachment 1. New permits have not been issued outside of exempt areas since August 4, 2020; existing permit-holders in Permit Ban areas may renew permits, but permits cannot be transferred. From January 2021 through March 2022, the number of permits and STVR density in Permit Ban areas declined by 21.60% due to the Permit Ban combined with attrition related to home sales and non-renewals. FISCAL IMPACT – None BACKGROUND/ANALYSIS The City imposed a moratorium on the issuance of new STVR permits on August 4, 2020 via Executive Order No. 10, and extended it in succeeding amendments. Section 3.25.055 of the LQMC established a permanent Permit Ban on the issuance of new STVR permits in residential areas (Permit Ban areas) effective May 20, 2021. Permit-holders may renew existing permits, but permits cannot be transferred. The issuance of new STVR permits is banned in Permit Ban areas, and no new permits have been issued since August 4, 2020. New permits continue to be issued in a few select “Exempt Areas” zoned for tourist commercial, village commercial, STUDY SESSION ITEM NO. 1 207 and communities expressly developed to allow STVRs, as depicted on the map in Attachment 1. In 2021, the City began reporting enhanced analytics related to the STVR program. A summary report of the STVR program calendar year 2021 characteristics, STVR permits and density decline, and increased compliance was presented to Council on March 1, 2022. STVR Program Characteristics – 1st Quarter 2022 (Jan – Mar) The City’s STVR program consisted of 1,161 active permits as of March 2022. Figure 1 Figure 2 21 57 1,083 0 200 400 600 800 1,000 1,200 Homeshares Primary Residence General Permits March 2022 STVR Permits by Type Total = 1,161 1,320 1,283 1,257 1,238 1,235 1,216 1,185 1,185 1,181 1,186 1,184 1,165 1,171 1,166 1,161 1,050 1,100 1,150 1,200 1,250 1,300 1,350 JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21 NOV‐21 DEC‐21 JAN‐22 FEB‐22 MAR‐22 2021-22 STVR Permits Citywide 208 Table 1 below lists the number of STVR permits for each area along with the total number of approved parcels for calendar year 2021 and first quarter of 2022. The City’s total STVR permits have gradually declined each month due to the Permit Ban combined with attrition related to home sales and non-renewals. Table 1 Within the residential Permit Ban areas, as of March 2022, active STVR permits have collectively declined 21.60% (from 1,037 to 813) since January 2021: Permit Ban Area Permits Density % Change since Jan ‘21 North La Quinta 110 4.3% -19.71% Mid La Quinta 109 10.7% -22.14% The Cove 246 5.2% -15.75% South La Quinta (PGA West) 348 11.4% -25.64% Totals 813 7.2% -21.60% Figure 3 below depicts the number of STVR permits within each area for 2021. Figure 3 137 130 124 118 118 115 114 112 112 112 112 112 112 112 110 140 135 132 132 130 127 122 122 121 122 122 118 118 111 109 292 282 276 270 268 263 261 259 258 258 256 252 252 252 246 468 453 438 428 420 407 382 379 375 372 370 354 351 350 348 1,037 1,000 970 948 936 912 879 872 866 864 860 836 833 825 813 0 200 400 600 800 1,000 1,200 JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21 NOV‐21 DEC‐21 JAN‐22 FEB‐22 MAR‐22 STVR Permits in Banned Areas 21.60% Decline since Jan. 2021 North La Quinta Mid La Quinta The Cove South La Quinta (PGA West) 209 STVR density is calculated as a percentage by dividing the number of STVR permits by the number of developed parcels within each area, as listed in Table 1 above. Figure 4 below shows that density in residential Permit Ban areas collectively decreased from 9.14% to 7.2% between January 2021 and March 2022: Figure 4 Figure 5 further depicts the gradual density changes for each residential Permit Ban area from January 2021 through March 2022: Figure 5 9.14%8.81%8.55%8.36%8.25%8.04%7.75%7.69%7.63%7.62%7.58%7.4%7.3%7.3%7.2% JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21 NOV‐21 DEC‐21 JAN‐22 FEB‐22 MAR‐22 Density in STVR Banned Areas Jan. 2021 - Mar. 2022 STVR Permit Ban Areas 5.3%5.1%4.8%4.6% 4.6%4.5%4.4%4.4% 4.4% 4.4% 4.4% 4.4% 4.4% 4.4%4.3% 13.7%13.2%12.9% 12.9%12.7%12.4%11.9% 11.9%11.8%11.9% 11.9%11.5% 11.5% 10.9%10.7% 6.2%6.0%5.9%5.7%5.7%5.6%5.5%5.5%5.5% 5.5%5.4%5.3% 5.3% 5.3%5.2% 15.4%14.9%14.4%14.1%13.8%13.4% 12.6%12.5%12.3%12.2%12.2%11.6%11.5%11.5%11.4% 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% 14.0% 16.0% JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21 NOV‐21 DEC‐21 JAN‐22 FEB‐22 MAR‐22 Density in STVR Banned Areas North La Quinta Mid La Quinta The Cove South La Quinta (PGA West) 210 STVR Program Compliance Overview The City’s STVR program consists of several interdependent activities such as permitting, licensing, tax collection, and compliance. This section focuses on specific compliance functions, which include managing complaints, conducting investigations, and enforcement (violations, citations, and suspensions). Figures 6 and 7 below, depict citywide STVR complaints from January 2021 through March 2022. Of note:  Complaints peaked at 348 in Q-2 (April-June) of 2021 and steadily declined by 79.59% to a total of 71 complaints in Q-1 of 2022 (January – March). Figure 6  Citywide complaints declined significantly in the 2nd half of 2021: o Between Q-2 and Q-3 of 2021, excluding one-time submission of 145 vendor generated complaints in July, the remaining 149 community/City-generated complaints reflect a 57% decrease in complaints between Q-2 and Q-3. o Using the same assumption (excluding the one-time July submission), complaints decreased an additional 42.9% between Q-3 and Q-4 of 2021. o There was a 16% decrease in complaints from Q-4 of 2021 to Q-1 of 2022. 324 348 294 85 71 +7% ‐16% ‐71%‐16% Q1‐2021 Q2‐2021 Q3‐2021 Q4‐2021 Q1‐2022 Quarterly STVR Complaints Citywide 211 Figure 7 categorizes complaints by permitted and unpermitted STVR properties: Figure 7 Unpermitted complaints have been the relative majority of complaints for the 2nd half of 2021 and Q-1 of 2022: o Throughout Q-1 and Q-2 of 2021 – 41% of complaints were for unpermitted properties. o Throughout Q-3 and Q-4 of 2021 – 60% of complaints were for unpermitted properties. o In Q-1 of 2022 – 60% of complaints were for unpermitted properties. 192 186 118 38 29 132 162 176 47 42 324 348 294 85 71 Q-1 2021 Q-2 2021 Q-3 2021 Q-4 2021 Q-1 2022 2021-22 STVR Complaints Citywide Permitted STVRs Unpermitted STVRs 212 Figure 8 depicts citywide complaints for each area: Figure 8 7 13 21 5 7 9 9 26 8 1 92 107 69 13 9 120 81 68 19 30 19 23 29 9 3 77 115 81 31 21 324 348 294 85 71 0 50 100 150 200 250 300 350 400 2021 Q-1 Q-2 Q-3 Q-4 2022 Q-1 2021 STVR Complaints Citywide by Area North La Quinta Mid La Quinta The Cove South La Quinta (PGA West) STVR Exempt Areas HOA Legacy 213 Enforcement On January 15, 2021, the City implemented several code changes to enhance the STVR program’s compliance tools and increase fines. Subsequently, overall compliance has increased while disturbance complaints have decreased. Figures 9 and 10 below depict quarterly STVR-related citations for 2021 and 2022. Of note:  Similar to the complaints trendline, citations peaked at 86 in Q-2 of 2021 (April-June) and steadily declined 79.1% to a total of 18 citations by Q-1 of 2022 (January-March).  Similar to the complaints trendline, the relative majority of citations were issued to unpermitted properties at an average of 64.4% for 2021 and 2022. Figure 9 30 29 20 3 9 47 57 40 12 9 77 86 60 15 18 2021 Q-1 Q-2 Q-3 Q-4 2022 Q-1 2021 & 2022 Quarterly STVR Citations Permitted & Unpermitted Permitted Citations Unpermitted Citations 214 STVR compliance activities are separated into one of two categories: Disturbance – the majority of disturbance compliance activities are due to noise, generally caused by large events or gatherings, children running/screaming/laughing, popping balloons, construction, slamming doors, etc. Other complaints include excessive parking, bright lights, trash, unsecured pool access, unmaintained yard, etc. Administrative – the overwhelming majority of administrative compliance matters are related to operating/advertising without a STVR permit or business license, or failure to display STVR permit on listings. Others include incorrect or missing occupancy limit advertised on listings; failure to report/remit transient occupancy tax, etc.  67.5% of all 2021 and 2022 citations were issued for administrative matters, as depicted in Figure 10 below (primarily for operating/advertising without a STVR permit or business license, or failure to display STVR permit on listings). Figure 10 52 56 45 13 10 25 30 15 28 77 86 60 15 18 2021 Q-1 Q-2 Q-3 Q-4 2022 Q-1 2021 & 2022 Quarterly STVR Citations Administrative Vs. Disturbance Administrative Disturbance 215 Taxes, Fees, and STVR Program Costs Table 2 provides an overview of annual STVR program revenues between 2019- 2021. Of note:  Despite declining STVR permits, TOT revenues continued to increase in 2021.  Citation Fine collections spiked 2020-21 in correlation with enhanced enforcement tools but are expected to decrease in 2022 as overall compliance increases.  Permit/licensing fees and fine collections were sufficient to cover STVR program operational costs in 2021 and are projected to be sufficient for 2022. Table 2 – * Citation Fine Collections revenue list collections current as of January 25, /2022 Table 3 depicts TOT revenues for each area for the last nine months:  Permit Ban areas generated 79% of STVR TOT revenues ($3,537,800.30).  Exempt areas generated 21% of STVR TOT revenues ($954,393.21).  Year-to-date 2022, STVR TOT revenues are at $2.3 million Table 3 – *TOT revenue list collections current as of April 26, 2022 Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachment: 1. STVR Banned and Exempt Areas Map 216 (6 (5 (3 (2 (8 (4 (10 (9 (12 (1 (7 (11 SH-111 MADISON ST54TH AVEWASHINGTON ST48TH AVE EISENHOWER DR52ND AVE JEFFERSON STMILES AVE AIRPORT BLVAVENIDA CARRANZA58TH AVE FRED WARING DR 50TH AVE AVENIDA BERMUDASMONROE STFRED WARING DR 50TH AVE JEFFERSON STJEFFERSON ST58TH AVE EISENHOWER DR 58TH AVE ¯ 0 0.45 0.9 1.35 1.80.225 Miles STVR Exempt STVR_exempt_zone North La Quinta Cove Mid La Quinta South La Quinta City Boundary Id name zoning 1 Homewood Suites (La Quinta Desert Villas - Center Pointe) Tourist Commercial (TC) District 2 Legacy Villas Tourist Commercial (TC) District & Development Agreement 3 La Quinta Resort including Spa & Tennis Villas Tourist Commercial (TC) District & Adjacent to TC District 4 Embassy Suites (Casitas Las Rosas)Village Commercial District 5 Village Commercial Village Commercial District 6 SilverRock Specific Plan Tourist Commercial (TC) District - Undeveloped 7 Codorniz Entitlement Approval 8 Signature at PGA West (Haciendas & Jewel)Tourist Commercial (TC) District 9 Puerta Azul Entitlement Approval 10 SW corner Ave 64 & Madison St Tourist Commercial (TC) District - Undeveloped 11 NW corner Ave 64 & Madison St Tourist Commercial (TC) District - Undeveloped 12 Polo Villas Residences Development Agreement ATTACHMENT 1 217 218 City of La Quinta CITY COUNCIL MEETING: May 3, 2022 STAFF REPORT AGENDA TITLE: DISCUSS CITYWIDE PUBLIC SAFETY CAMERA SYSTEM PHASE 1 RECAP AND PHASE 2 PROPOSED IMPROVEMENTS RECOMMENDATION Discuss the citywide Public Safety Camera System Phase 1 recap and Phase 2 proposed improvements. EXECUTIVE SUMMARY •In March 2021, Council passed city Ordinance 589 establishing policies and procedures for the Public Safety Camera System (PSCS). •Phase 1 of the citywide PSCS project was completed in August 2021 and the system went live on September 20, 2021. •At the March 12, 2022 Community Workshop, participants identified Phase 2 of the PSCS as a City priority. •Phase 2 PSCS is proposed to be included in the FY 2022/23 Capital Improvement Plan (CIP). FISCAL IMPACT Funding for Phase 2 PSCS is proposed in the FY 2022/23 CIP currently under development as Project No. 2022-12. The estimated project cost is $1,797,000 (Attachment 1) BACKGROUND/ANALYSIS In October 2016, the PSCS Ad-Hoc was formed to explore if implementing public safety cameras would increase law enforcement and fire efficiency, reduce criminal activity, and improve emergency response. Public safety is a priority for residents, Council and staff and a PSCS could be a force multiplier. Further, with ever increasing law enforcement costs, the City is seeking ways to improve police services by incorporating technology-driven service enhancements to supplement Sheriff Department personnel. STUDY SESSION ITEM NO. 2 219 On August 3, 2021, Phase 1 of the PSCS was completed and the system went live on September 20, 2021. Over the past seven months, the La Quinta Police Department (LQPD) and city staff have been using the system to effectively monitor city property, traffic incidents and traffic flow, managing special events, and two major wind events. Phase 1 Observations •The camera system combined with the traffic system is very effective for city staff and LQPD to manage special events. •Radio connection to cameras not connected by fiber are not as reliable as initially anticipated. Connecting existing cameras and additional cameras with fiber optic communications would be optimal and more secure. •Automatic License Plate Reading (ALPR) cameras were not initially requested in Phase 1. As the system has been used for several vital police investigations, reading license plates is only available during optimal lighting during the daytime. Time of high reflection and nighttime do not allow for the recovery of plate numbers thus restricting the effectiveness of the investigation. •City properties not covered by the PSCS are Adams Park, Velasco Park and Colima Park. •La Quinta Park has facilities that require additional cameras in more strategic locations, i.e. the skate park and snack bar locations. •The new La Quinta X-Park is now open and requires a system to reduce liability and protect from trespass and vandalism. Phase 1 System Results •Received 27 citizen public records requests. •No businesses have opted out of the PSCS. •Currently the City of Indian Wells is only city that has opted into the camera system. •LQPD Uses: o Traffic Collision Investigations o Investigative Leads o Department-wide training in progress •Special events managed: o 2 Tennis Tournaments o Ironman 2021 o Coachella Fest & Stagecoach Festivals 220 Next Steps for Phase 2 PSCS: •Phase 2 PSCS Project proposed in FY 2022/23 CIP funding – June 21, 2022 •Obtain PCSC integrator contract - Fall 2022 •Obtain bids for Phase 2 PCSC system •Install Phase 2 PCSC system •If Council approves ALPR cameras, PSCS policies and procedures would be modified to be compliant with SB34 which establishes regulations for agencies using license plate reader technology. •Continue community outreach and provide public access opportunities Prepared by: Kristopher Gunterson, Traffic Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1.Phase 2 Public Safety Camera System Project Cost Estimate 221 222 Citywide Public Safety Camera System Phase 2 Preliminary Engineer's Estimate 4/27/2022 ITEM NO. DESCRIPTION UNIT QTY. UNIT PRICE EXTENDED PRICE 1 Mobilization LS 1 $106,000 $106,000 2 Option #2 Cove LS 1 $905,000 $905,000 3 Option #3 Corporate Yard LS 1 $7,500 $7,500 4 Option #4 La Quinta and Adams Park LS 1 $20,000 $20,000 5 Option #5 X-Park LS 1 $25,000 $25,000 6 Option #6 License Plate Reader LS 1 $100,000 $100,000 $1,163,500 $116,350 1 Construction:$1,280,000 Design:$128,000 Professional:$100,000 Insp/Test/Survey:$125,000 Contingency:$164,000 Total Preliminary Estimate:$1,797,000 2 Option #3: Add 3 cameras at the Corporate Yard.  Visitor  Parking lot, front, and back gates. 3 Option #4: Add 3 cameras at the La Quinta Park.  Old  Skate Park, Water Play Area, Fitness Park  Add 2 cameras at Adams Park.  Playground and Volleyball  Court. 4 Option #5: La Quinta X‐Park 5 Camera Network 5 Option #6: License plate reading cameras at 22 locations.   Access and exit point of the city as well at the  cove communities.  Cameras only, does not include access to ALPR database. Sub Total Construction: Design Contingency 10%:Comments/Assumptions: Option #2: Install fiber from Eisenhower & Calle Tampico  up Eisenhower to Bermudas and up to Tecate. Install fiber from Eisenhower & Montezuma to the  museum and Lumber Yard. Install fiber and camera to Velasco Park Install camera at Colima Park Install Cameras at the Cove Oasis Trail Head Parking Lot,  Bear Creek Trail Head Parking Lot, and the Cove Oasis.  Connect all cameras using radios. ATTACHMENT 1 223 224 COMMUNITY RESOURCES PERIODIC REPORT In response to local declaration and other State and County orders, the department shifted roles to provide COVID-19 related Public Safety and Social Service needs. Code Compliance / Animal Control January 1 – March 31, 2022 DEPARTMENTAL REPORT ITEM NO. 4 175 1319 324159 654 348 160 410 294 63 161 8559 210 72 STVR Cases STVR Inspections STVR Complaints 1st Qtr 2021 2nd Qtr 2021 3rd Qtr 2021 4th Qtr 2021 1st Qtr 2022 As shown in the bar graph below, Code has observed a more normalized rate of STVR activity. In the month of February, Code received just 15 complaints regarding STVRs: 10 were for noise, of those, 5 were at just two properties and resulted in citations and suspensions for both. Three other complaints were for operating a STVR without a permit, all three checked out okay at the time but are being monitored over the festival weekends. One additional was for the STVR permit number in the wrong location on the advertisement and another one was for the dog of a long-term guest going on the neighbor’s property without permission. Code has scheduled additional staff and is covering 7 days a week for all three festival weekends. Short Term Vacation Rentals (STVR) New STVR cases: •this quarter - 59 •last quarter - 63 STVR Citations: •this quarter - 18 •last quarter - 15 STVR Suspensions •this quarter - 2 •last quarter - 1 The STVR Hotline continues to be managed by Code staff Monday through Saturday from 8am to 5pm. The contract security company has expanded their patrols to include City parks and X-Park as part of their weekend coverage. STVR complaints and known areas of concern continue to be handled as a priority. 22 65 100 160 134 144 27 23 27 January February March Hotline Calls 2020 2021 2022 225 722 635 743 542 609 790 Jan Feb Mar Site Inspections* 2021 2022 Code Compliance Top Code Violations: •Vehicles/Parking: 158 •Trash Cans/Junk: 152 •Landscaping: 95 False Alarms •$104,677 collected in total since the inception of the program •City Staff outreach to businesses with multiple false alarms. •Businesses with excessive false alarms this quarter: 7 Prior quarter: 8 *Site inspections are required to confirm violations and include STVR inspections and regular code complaints (e.g., trash containers, landscaping, property maintenance issues, etc.). Throughout the pandemic residents and businesses continued to receive notification of false alarms. However, false alarm fees were paused to lessen some of the economic hardships brought by the pandemic. In June 2021, the City started sending invoices to anyone with 3 or more false alarms. During this quarter there was a slight increase in the number of false alarms compared to the same quarter last year, this might be due to reopening as COVID subsides. Staff continues to educate the public on the waste of resources brought on by false alarms through notices, direct mail, social media posts, and phone calls. 123 150 155 90 98 135 101 103 137 Jan Feb Mar False Alarms 2020 2021 2022 226 Animal Control Update Riverside County Animal Services Department of Animal Services continues to operate on appointment-only system. In the event of a pet emergency, animal control question, or if you are interested in adopting, fostering or rescuing, please call 951-358-7387.Potential adopters, fosters, or rescues can also send an email to shelterinfo@rivco.org or visit their website at: https://www.rcdas.org/. 67 149 154 276 Licensing Statistics Closed New Not Renewed Renewed 1 2 2 3 3 6 15 37 Impounds Foster Return Adoption Return Owner Surrendered Dispo Requested Confiscated Stray-Known Wait Stray-Dead Stray 1 5 5 10 13 Outcomes In Foster Home RCDAS Community Cat Program Transfer Adoption Partner Adoption Return to Owner 227 Social Services & Community Programs January 1 – March 31, 2022 FIND Food Distribution & Wellness Center •Staff have distributed 29,256 pounds of food (food packages/boxes of dry goods and produce) to 1,164 persons at Coral Mountain, Hadley Villas, Vista Dunes, Washington Street Apartments, and Wolff Waters; FIND provided mobile pantries for food distribution five times per month at La Quinta High School and La Quinta Community Fitness Center & Park. •Desert Recreation District (DRD) served 987 participants (800 for open swim; 187 classes) at Fritz Burns Pool programs including Open Swim, Aqua Fit, Water Aerobics, and Senior Splash. •Provided fitness & recreation programs online and in-person to 5,025 participants/fitness members (4,698 fitness gym participants; 327 program participants). Social service programs were active during this quarter with Riverside County Cool Center and Curative COVID-19 testing open to the public. •Youth sports programs had 82,000 total participants (players, spectators, coaches) for AYSO (soccer), Friday Night Lights (flag football), and La Quinta Youth Sports Association (baseball). Library/Museum/Creation Station Makerspace •Over 33,000+ items were circulated through Library express/curbside services and self- check out. Over 2,000+ people participated in the virtual/recorded program offerings, computer sessions, and library staff assisted with 2,653 reference questions. Library highlights included: Raising a Reader Literacy Program, Financial Literacy, 3 rd Annual BookFest, My Blood Valentine Teen Mystery Party, Should I know that?: Savings Account Event, In-n-Out Cover to Cover Program, Read Across America Virtual Story Time, Library Outreach at DSUSD Spring Fling, and Plant Swap with Master Gardeners. •Museum provided Creative Space; The Ranges Between; and Local History: Story of La Quinta exhibits that were viewed by 1,600+ visitors. Held opening artist reception for The Ranges Between, Lecture: Kay Wolff, Music at the Museum and Cultural Education Groups for 235 participants.Good Reads Book Club, STITCH Fiber Arts Club, Brown Bag TED Talks, Take a Break with Huell,and Sketchbook Journaling had a total of 175 participants. •Creation Station Makerspace served 980+ participants with memberships, classes, express services, walk-in service, Makerspace Camps & Crafts, and virtual programming views on Facebook,Instagram,&YouTube.Therewere11 new memberships sold this quarter; total of 40 active memberships this fiscal year. Highlights for this quarter include monthly MakerCraft, Friction Kitchen, Paint with Michele, MakerSpace Camp, and Black History Month: Focus on African-American creators. 228 Mission LQ: Rocket Launch •Held the 3 rd annual Mission LQ: Rocket Launch event at Monticello Park. •Approximately 50 people were in attendance. •Kristen Harper, teacher from Truman Elementary, assisted with assembling the rockets. She also explained to the children how the battery-operated engines worked to help launch the rockets in the sky. Community Events 229 230 LA QUINTA SHERIFF’S STATION QUARTERLY REPORT January 1, 2022 –March 31, 2022 Statistics Priority 1 –Involve circumstances that pose a clearly defined threat to human life or property; Priority 2 –Involve circumstances of an urgent but not life threatening nature (e.g. minor assaults and batteries); Priority 3 –Involve circumstances which are neither urgent nor life threatening (e.g. disturbances of the peace); Priority 4 –Incidents occurring in the past or “cold” calls. 5.27 15.76 27.13 29 5.3 15.14 24.54 30.2 6.9 12.57 20.8 29.42 Priority 1: Average Response Priority 2: Average Response Priority 3: Average Response Priority 4: Average Response Average Response Time January February March 25 428 456 260 15 409 428 223 10 434 467 241 Priority 1: Calls for Service Priority 2: Calls for Service Priority 3: Calls for Service Priority 4: Calls for Service Number of Calls for Service January February March DEPARTMENTAL REPORT ITEM NO. 8 231 1 0 2 43 1 6 4 20 0 0 3 70 2 6 11 9 0 1 5 73 1 15 8 8 Rape Homicide Aggravated Assault Larceny Robbery Burglary Vehicle Theft Simple Assault Crime Statistics December January February Special Enforcement Team & Business District •Actions: 380 •Property Recovered: $15,000 •Narcotics Seized: Heroin 10.6g/ Meth 5,020.5g / Other drugs 6.4g •Fentanyl Pills: 83 •Xanax Pills: 1 Traffic Team •Actions: 566 Community Service Officers & Crime Prevention Specialists •Actions: 887 •Community Meetings: 1 4 29 194 199 Citations Seat Belt Citations Other Hazard Citations Other Non-Hazard Citations Excessive Speed Citations 6 20 3486 Collisions DUI Collisions DUI Arrests Traffic Injury Collision Non Injury and Private Property Collision School Resource Officers •Actions: 91 Narcotics Task Force •Actions in La Quinta: 16 •Narcotics Seized: Meth 11.2g / Marijuana 15 lbs / Marijuana Plants 194 / Fentanyl Powder 177.8g / Fentanyl Pills 9,000 •Money seized: $22,600 •Recovered Firearms: 2 Gang Task Force •Actions in La Quinta: 20 •Recovered Firearms: 2 Citizens on Patrol •Actions: 7 •Hours Donated: 860.84 hours Actions by Teams: 232 FIRE DEPARTMENT QUARTERLY REPORT January 1, 2022– March 31, 2022 Incident Response Activity Incident Type # Medical 1054 False Alarm 107 Public Service Assistance 73 Traffic Collision 72 Standby 19 Other Fire 4 Residential Fire 6 Vehicle Fire 1 Rescue 1 Ringing Alarm 4 Other Miscellaneous 20 Hazardous Materials 2 Commercial Fire 1 Multi-Family Dwelling Fire 0 Wildland Fire 1 Incident Total In La Quinta 1,365 Average Enroute to On-Scene Time Enroute Time: When a unit has been acknowledged as responding. On-scene Time: When a unit has been acknowledged as being on-scene. <5 Minutes +5 Minutes +10 Minutes +20 Minutes Average Min.% 0 to 5 Min. 778 555 60 5 5.1 57.0 DEPARTMENTAL REPORT ITEM NO. 9 Automatic Aid LQ Resources Responding in LQ 1277 LQ Resources Aiding Other Jurisdictions 484 Resources Aiding LQ 247 233 Truck Report For this quarter, Truck 86 recorded 25 responses and Truck 33 had 4 responses in the City of La Quinta. Fire Inspection Report 1st Quarter Statistics – Office of the Fire Marshal (OFM): Development Plan Reviews – 143 (15% increase from Q1 2021) Planning Case Reviews – 16 Construction Inspections – 419 (94% increase from Q1 2021) Facility Inspections – 53 Review and Inspection Service Goals – *Due to increased workloads and demands as affected by currently trained staffing, the following is noted: OFM ran 1-1.5 weeks behind on plan review goals for Q1. OFM ran 2-3 business days behind on construction inspection requests goals for Q1. Plan Reviews: Montage Hotel & Shared Services – Master Fire Alarm, Private Fire Main, Fire Sprinkler System Extra Space Storage – Fire Sprinkler, Private Fire Main, Sprinkler Monitoring Embassy Suites – Complete Fire Alarm Change to EVAC system Panera – New Building Tenant Improvement Plans – Target, Lowes, Kohl’s, Jamba Juice, Costco Deli, Maru Master Home Fire Sprinkler Plans – Capistrano, Canterra, Stone Creek Special Events – AMEX, Revolve, Conferences and Events at La Quinta Resort, Madison Club (Tents), LQ Car Show, La Quinta Art Celebration Public Fireworks – Wedding at Merv Griffin Estate Construction Inspections: Tenant Improvements - Be So Coffee, La Quinta Country Club - Clubhouse, Extra Space Storage Montage Conference Center – Private Fire Main Tract Home Development Inspections – Andalusia, Griffin Ranch, Floresta, Carmela, Signature, Residence Club, Coral Mountain @ PGA, Stone Creek Ranch, Jewel @ PGA, Capistrano, Canterra, Stone Creek Ranch & Rancho Santana. Custom Home Development Inspections – Madison Club, Hideaway, Traditions, Cove Community. Facility Inspections: State Fire Marshal Mandated Annual Inspections were conducted on the following facilities: LQ Christian Fellowship School, The Palms – Assisted Living, Silverhawk Apartments, Aventine Apartments, Wolff Waters Place Apartments, Villagio Apartments, Coral Mountain Apartments, The Chateau @ Lake La Quinta. Fire Code Complaint Inspections were conducted on the following facilities: Wolff Waters Place Apartments, La Quinta Country Club, Pete Dye Clubhouse, Grocery Outlet, La Quinta Polo Estates, El Pollo Loco, Peninsula Park HOA, 234 Significant Incidents •On January 5, 2022 at 7:52am, units from CAL FIRE/Riverside County Fire Department responded to the El Pollo Loco Restaurant to find a working fire in the deep fryer unit with substantial smoke production throughout the interior of the building. The fire was immediately contained . No injuries were reported. •On January 8, 2022 at 11:46pm, units from CAL FIRE/Riverside County Fire Department arrived at PGA West to find light smoke coming from a rear patio roof line of a home. Firefighters were able to locate and extinguish a fire involving a section of wooden trim that was exposed to heating lamps. No exposure to other structural areas was found and all occupants of the residence were accounted for. No injuries were reported. •On January 16, 2022 at 3:21am, CAL FIRE / Riverside County Fire Department responded to a residential structure fire in the 44000 block of Via Catalina in the city of La Quinta. The first arriving engine reported an exterior fire with extension into the attic space above the garage. Fire crews extinguished the exterior fire and ensured the fire was completely out within the attic space of the residence. There were no displacements and no injuries reported. •On January 29, 2022 at 6:55pm, units from CAL FIRE/Riverside County Fire Department responded to a reported golf cart rollover inside the gated community of Puerta Azul in La Quinta, CA. There were a total of five people ejected with varying injuries. A 5-year old child was treated for moderate injuries and due to the type of injury a medical helicopter was summoned. The others sustained minor injuries and elected to be transported privately to a local hospital. Meanwhile, the 5-year old child and father were airlifted to Loma Linda University Medical Center. No other injuries were reported and the incident is being investigated by local law enforcement. •On February 6, 2022 at 12:11am, CAL FIRE / Riverside County Fire Department responded to a reported residential structure fire in the 49000 block of Via Firenze in the City of La Quinta. First arriving units observed heavy smoke and fire conditions from the rear of the structure. An aggressive interior attack was initiated and the fire was quickly brought under control. The residence was not occupied at the time of the fire. There were no reported injuries. •On February 7, 2022, CAL FIRE / Riverside County Fire Department responded to a residential structure fire in the 79500 Block of Dandelion Drive in the City of La Quinta. The first arriving engine reported moderate smoke coming from the garage of a single story, single family residence. Fire crews found the source of the fire and the fire was extinguished quickly with no extension into the living quarters of the residence. Additionally, there were no civilian or firefighter injuries on this fire. •On March 1, 2022, CAL FIRE/Riverside County Fire Department units responded to a medical emergency at the 49500 block of Rancho San Francisquito. First arriving unit found a minor with injuries to his hand sustained from electrical burns. The patient was transported to Jacqueline Cochran Regional Airport by ground ambulance to be transported by Mercy Air to Arrowhead Regional Medical Centers burn unit for evaluation and treatment. 235 236 HOUSING COMMISSION MINUTES Page 1 of 4 MARCH 9, 2022 HOUSING COMMISSION MINUTES WEDNESDAY, MARCH 9, 2022 CALL TO ORDER A regular quarterly meeting of the La Quinta Housing Commission (Commission) was called to order at 4:06 p.m. by Chairperson Gaeta-Mejia. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Commissioners Davidson, Pacheco, and Chairperson Gaeta-Mejia ABSENT: Commissioner Casto, Schuknecht STAFF PRESENT: Management Analyst Kinley, Finance Director Martinez, Management Specialist Griffin, and Commission Secretary Camarena PLEDGE OF ALLEGIANCE Chairperson Gaeta-Mejia led the audience in the Pledge of Allegiance. CONFIRMATION OF AGENDA – Confirmed. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Management Analyst Kinley said the City has not received any WRITTEN PUBLIC COMMENTS or requests to provide VERBAL COMMENTS for this meeting as of 4:07 p.m. and staff would continue to monitor email communications and teleconference attendance for the duration of the meeting, should any requests by the public are received. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS –None REPORTS AND INFORMATIONAL ITEM NO. 30 237 HOUSING COMMISSION MINUTES Page 2 of 4 MARCH 9, 2022 CONSENT CALENDAR 1.APPROVE SPECIAL MEETING MINUTES OF JANUARY 26, 2022 MOTION – A motion was made and seconded by Commissioners Davidson/Pacheco to approve the Consent Calendar as recommended. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht). BUSINESS SESSION 1.RECEIVE AND FILE FISCAL YEAR 2020/21 HOUSING AUTHORITY YEAR-END BUDGET REPORT Finance Director Martinez presented the staff report which is on file in the City Manager’s Office. Staff provided information for the Housing Authority fund, budget increase; two non-cash adjustments; former La Quinta Redevelopment Agency loan interest earnings; bond fund revenue; Housing Authority budget expenses; and an update for Dune Palms Mobile Home Park. MOTION – A motion was made and seconded by Commissioners Davidson /Pacheco to recommend that the Housing Authority receive and file fiscal year 2020-21 housing authority year-end budget report as recommended. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht). 2.RECEIVE AND FILE FISCAL YEAR 2021/22 MID-YEAR HOUSING AUTHORITY BUDGET REPORT Finance Director Martinez presented the staff report which is on file at the City Manager’s Office. Staff provided an overview of the mid-year adjustments made between July and December 2021. MOTION – A motion was made and seconded by Commissioners Davidson /Pacheco to recommend that the Housing Authority receive and file fiscal year 2021/22 mid-year housing authority budget report as recommended. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht). 3.RECOMMEND APPROVAL TO THE HOUSING AUTHORITY TO ADOPT A RESOLUTION AUTHORIZING THE APPLICATION TO, AND PARTICIPATION IN, THE STATE OF CALIFORNIA’S PROHOUSING DESIGNATION PROGRAM 238 HOUSING COMMISSION MINUTES Page 3 of 4 MARCH 9, 2022 Management Analyst Kinley presented the staff report which is on file at the City Manager’s Office. Staff provided a brief overview of the Prohousing Designation Program and the application process. MOTION – A motion was made and seconded by Commissioners Pacheco /Davidson to recommend that the Housing Authority adopt a resolution authorizing the application to, and participation in, the state of California’s Prohousing Designation Program. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht). 4.RECOMMEND FUNDING OPTION FOR AREA HOMELESS PREVENTION PROGRAMS FOR FISCAL YEAR 2022/23 Management Analyst Kinley presented the staff report which is on file at the City Manager’s Office. Staff and Commission discussed the proposed allocation; the areas that Martha’s Village and Kitchen (MVK), Coachella Valley Rescue Mission (CVRM) and, CV Housing First (CVAG) assist in with homeless prevention; and the pending multi-year MOU with CVAG. MOTION – A motion was made and seconded by Commissioners Pacheco /Davidson to recommend that the Housing Authority approve funding option for Area Homeless Prevention Program for fiscal year 2022-23. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht). STUDY SESSION 1.DISCUSS FUNDING OPTION FOR GALILEE CENTER Management Analyst Kinley provided a brief presentation on background for the Galilee Center and the logic behind the request for funding assistance. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: CFO and Co- Founder Claudia Castorena and resident Kay Wolff provided a brief overview of how the Galilee Center assists the Coachella Valley and the City of La Quinta. Commission requested more information to provide an accurate recommendation, including an onsite visit to tour the Galilee Center and view operations. STAFF REPORTS AND INFORMATIONAL ITEMS – None 239 HOUSING COMMISSION MINUTES Page 4 of 4 MARCH 9, 2022 COMMISSIONER’S ITEMS – None ADJOURNMENT There being no further business, a motion was made and seconded by Commissioners Davidson/Pacheco to adjourn the meeting at 5:27 p.m. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht). Respectfully submitted, Reyna Camarena REYNA CAMARENA, Commission Secretary City of La Quinta, California 240 FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 4 FEBRUARY 9, 2022 REGULAR QUARTERLY MEETING FINANCIAL ADVISORY COMMISSION MINUTES WEDNESDAY, FEBRUARY 9, 2022 CALL TO ORDER A regular quarterly meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Chair Batavick. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Commissioners Anderson, Campbell, Dorsey, Mast, Mills, Way, and Chair Batavick ABSENT: None STAFF PRESENT: Finance Director Martinez, Financial Services Analyst Hallick, Management Assistant Delgado. PLEDGE OF ALLEGIANCE Commissioner Mast led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS –None CONSENT CALENDAR ITEMS 1. APPROVE MEETING MINUTES DATED NOVEMBER 10, 2021 2. APPROVE MEETING MINUTES DATED DECEMBER 14, 2021 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED SEPTEMBER 30, 2021 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2021 5(32576$1',1)250$7,21$/,7(0 NO. 31 241 FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 4 FEBRUARY 9, 2022 REGULAR QUARTERLY MEETING 5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2021 Motion – A motion was made and seconded by Commissioners Way/Campbell to approve Consent Calendar Item Nos. 3, 4, and 5. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 2 Commissioner Mills requested the following revisions to the December 14, 2021 Special Meeting minutes: x Page 2, Business Session Item No. 1, Paragraph 2 shall read as follows: “The Commission, staff, and City Consultant/Project Manager Nickerson with NAI Consulting, Inc., discussed how expenses are disclosed and reflected for the Project on the City’s financial statements; timeline process for Project reimbursement; funding allocation options; other agency funding shares; and Measure G and Unassigned reserve projections. The Commission requested staff obtain auditor input on how Project should be disclosed in the City’s Annual Comprehensive Financial Report.” CONSENT CALENDAR ITEM NO. 1 Chair Batavick requested the following revisions to the November 10, 2021 Regular Meeting minutes: x Page 3, Commissioner Item No 7 – title and first sentence shall read as follows: “Possible Effects on the City’s Budget Due to High Inflation and Supply Chain Issues Chair Batavick inquired if staff has looked into a strategy for any impacts on the City’s budget due to the high inflation and supply chain issues, which may cause a rise in operating expenses.” Motion – A motion was made and seconded by Commissioners Batavick/Mills to approve Consent Calendar Item Nos. 1 and 2 as amended. Motion passed unanimously. The Commission and staff discussed the purpose for the non-general fund for Development Impact Fees-Transportation. BUSINESS SESSION 1.RECEIVE AND FILE FISCAL YEAR 2020/21 GENERAL FUND YEAR- END BUDGET REPORT (Report) 242 FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 4 FEBRUARY 9, 2022 REGULAR QUARTERLY MEETING Finance Director Martinez presented the staff report, which is on file in the Finance Department. The Commission and staff discussed general fund revenue for transient occupancy taxes (TOT) it’s funding sources; expenses for short-term vacation rental (STVR) program and its impact on TOT. Commissioner Campbell inquired on what is considered a STVR within the City. Commissioner Mills mentioned that definition on STVR can be found in past Council meetings found on the City’s archive Council meeting recordings on the website. Further discussion followed on general fund budgeted revenues and its variances compared to actual revenue and carryovers for fiscal year 2020/21. Commissioner Mills suggested the new Commissioners be provided with a copy of the Reserve Study done by the City, and Staff noted the study would be provided via email. The Commission and staff discussed the current formatting of the Report that is year-over-year differences versus possibly showing in Report year-to-date year-over-year showing prior year differences. Staff noted the Report format is under review. Motion – A motion was made and seconded by Commissioners Mills/Anderson to receive and file fiscal year 2020/21 general fund year-end budget report as submitted. Motion passed unanimously. STUDY SESSION – None DEPARTMENTAL REPORTS All reports are on file in the Finance Department. 1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES Commissioner Mast asked if the Accounting Manager position posted by the City was new. Finance Director Martinez said this was her position prior to being appointed as the Finance Director. Commissioner Anderson asked if the budget timeline for fiscal year 2022/23 would be affected due to the postponement of the City’s Annual Community Workshop. Ms. Martinez said that staff has met over the last two weeks with the capital improvement team and other departments internally to review and discuss current projects underway; are taking into consideration priority projects that may have been delayed due to the ongoing pandemic; and community priorities to make an effort to stay in line with the fiscal year 2022/23 budget timeline as done in prior years. 243 FINANCIAL ADVISORY COMMISSION MINUTES Page 4 of 4 FEBRUARY 9, 2022 REGULAR QUARTERLY MEETING 2. THIRD QUARTER 2021 (JULY-SEPTEMBER) SALES TAX UPDATE FOR THE CITY OF LA QUINTA Commissioner Dorsey inquired on where the City stands in sales per capita in comparison to other local cities. Financial Services Analyst said the sales per capita for the City stands firmly in the middle in comparison to other cities in the Coachella Valley and noted that Palm Springs, Palm Desert, and Rancho Mirage were a bit higher than La Quinta, and Cathedral City, Indio and Coachella are below La Quinta. COMMISSIONERS’ ITEMS – None ADJOURNMENT There being no further business, it was moved by Commissioner Mills/Anderson to adjourn this meeting at 5:11 p.m. Motion passed unanimously. Respectfully submitted, Jessica Delgado, Management Assistant City of La Quinta, California Digitally signed by Jessica Delgado DN: cn=Jessica Delgado, o=City of La Quinta, ou=Finance, email=jdelgado@laquintaca.gov, c=US Date: 2022.04.18 17:18:12 -07'00' 244 Revised and Reposted on April 15, 2022 pfs INTERNATIONAL AIRPORT p� AIRPORT COMMISSION MEETING AGENDA Wednesday, April 20, 2022 -5:30 P.M. Pursuant to Asse mbly Bill 361, this meeting will be conducted by teleconference and there will be no in-person public access to the meeting location. Submit your public comment to the Airport Commission electronically. Material may be emailed to: Christina.brown@palmspringsca.gov -Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record. To provide public comments at the meeting, please use the following link https://us02web.zoom.us/j/86019815290?pwd=ZitOZDlyeGZhNUNEQTVkU29nTUdPdz09 or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 -Passcode: 583916 Pursuant to G. C. Section 54957.5 the designated office for inspection of public records in connection with the public meeting of the Airport Commission is the Office of the City Clerk, City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the Department of Aviation will attempt to accommodate you in every reasonable manner. Please contact (760) 318-3800 forty-eight hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis. City of Palm Springs: Riverside County: City of Cathedral City: City of Palm Desert: Aftab Dada -Chair David Feltman Peter Freymuth Jill Philbrook Kevin Wiseman Kevin J. Corcoran Ken Hedrick City of Indian Wells: City of Coachella: City of Rancho Mirage: Vice Chair Paul Budilo Gabriel Martin Thomas Weil Gerald Adams Scott G. Miller Patricia Breslin John Payne City of La Quinta: City of Desert Hot Springs: City of Indio: Todd Burke M.Guillermo Suero Kathleen Hughes Jan Pye Jhan Schmitz Palm Springs City Staff Justin Clifton Harry Barrett Jr., A.A.E. City Manager Interim Airport Executive Director AFFIDAVIT OF POSTING I, Harry Barrett Jr., Interim Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on April 14, 2022, in accordance with established policies and procedures. 1.CALL TO ORDER -PLEDGE OF ALLEGIANCE 2.POSTING OF AGENDA 3.ROLL CALL REPORTS AND INFORMATIONAL ITEM NO. 32 245 246 Palm Springs Airport Commission Report – April 20, 2022 Meeting    City Manager Report – Justin Clifton was not able to attend as he had another meeting.  Discussion and Action Items:  The items of noise control and baggage claim complaints will be  addressed and discussed in Executive Director report.  Interim Airport Executive Director Report – Harry Barrett Jr. focused on the key concerns of the  airport commission:    Increase in airport noise and baggage claim complaints ‐ There has been a definite increase and  it is attributed to increase of number of flights that are now coming into PSP airport. These  should begin to decrease as the amount of service will now begin to decrease in April due to  seasonality.  The noise complaints were made on a combination of military aircraft, private  corporate jets and commercial aircraft.    Baggage handling is a more serious concern as it involves both baggage handling (bags coming  off aircraft and onto the 3 baggage belts) as well as baggage claim (bags arriving into the  baggage claim area from more than one aircraft at a time.)  The current system is simply not  working and not meeting capacity needs during the busy time periods. It will take 3‐4 months  to analyze this problem.  The airport is now entering into a contract with a new company to  improve the situation and provide a solution.  As the airport moves into a slower season, there  is time to improve it before autumn. Each airline is also responsible for providing a better  customer service experience.  Unfortunately, they have a lot of new, inexperienced staff who  have not been adequately trained and the airport doesn’t have staff to assist in managing this  problem.    Baggage claim improvement has never been addressed in terms of an upgrade or updated.  Challenges are as follows: the baggage area is undersized for the amount of aircraft that are  now arriving, the limitation of 3 baggage belts and the mad dash to drop bags, ground handler  challenges among the airlines and not enough airline nor airport staff to supervise, need to  upgrade the communication system in baggage claim so that passengers are aware of which  carousel their bags will coming off of, and the need to apply for a grant for facility expansion.   (A grant for $4.1 million will be applied for out of the FAA grant funding from auto entitlement  funds to start this research.) There needs to be staff from both the airlines and the airport in  this area to provide customer service and open communication with the passengers. The  airport has been speaking with the airlines and is also going to increase airport staff.  The  commission will now be provided with monthly updates on this issue.   On April 11th a new janitorial service started with the goal of improving the facility hygiene with  an emphasis on the restrooms. Already improvement has been noted by frequent passengers.   CLEAR launched on April 14 to assist in managing the TSA lines. Improvement was noted  immediately.        247 Financial Summary Update – Victoria Carpenter, Airport Administration Manager  Changes to the proposed budget are that capital projects increased by $1.9 million due to restrooms, common use areas, gate 16 paving and FAA local match. Expenses increased by $2.2 million for capital program and additional airport staffing. For month ending March 31, 2922 Fund 405 rental cars was over $7 million without even considering what April through June will be. This is the 8th straight record ‐breaking month of car rentals which are obviously in high demand. The Concessions RFP is due to the airport commission by May 5 and should be finalized by May 19th so that airport can stay on schedule to have it available to the public on June 6 with the goal to award this contract by end of December 2022.   Marketing Update – Daniel Meier – Deputy Director Marketing –   This summer will have 15 year‐round routes compared to 10 in 2019 . March 2022 was the 8th month in a row that showed an increase over 2019 but only by 0.8%. Forward bookings look solid with July showing up 86% on seats booked to date over 2019 Advertising RFP will be shown to airport commission next month A new airport brand and website RFP campaign is being developed and FlyPSP.com will be the website. Next Airport Commission Meeting is scheduled for May 18,2022 at 5:30 pm via teleconference.  248 POWER POINTS CITY COUNCIL MEETING MAY 3, 2022 May 3, 2022 1 City Council Meeting May 3, 2022 City Council Meeting May 3, 2022 Closed Session 1 2 May 3, 2022 2 Pledge of Allegiance Public Comment - Teleconference Join virtually via Zoom https://us06web.zoom.us/j/82540879912 Meeting ID: 825 4087 9912 “Raise Hand” to speak Limit Comments to 3 minutes 3 4 May 3, 2022 3 Public Comment - Teleconference Join virtually via Zoom by phone: (253) 215 - 8782 Meeting ID: 825 4087 9912 *9 = Raise Hand; *6 = Unmute Limit Comments to 3 minutes Public Comment – Raise Hand 5 6 May 3, 2022 4 Public Comment – Raise Hand Public Comment Via Teleconference In Progress https://us06web.zoom.us/j/82540879912 Meeting ID: 825 4087 9912 Telephone: (253) 215-8782 “Raise Hand” to request to speak *9 = Raise Hand; *6 = Unmute Limit Comments to 3 minutes 7 8 May 3, 2022 5 City Council Meeting May 3, 2022 Presentations City Council Meeting May 3, 2022 P1 – TALUS Development Update 9 10 May 3, 2022 6 City of La Quinta – Council Meeting Update May 03, 2022 Site Overview 11 12 May 3, 2022 7 Project Status Overview Montage Hotel and Spa and Guestrooms Mylars for Precise Grading Plan Approval –July 2021 – Complete Grading & Pad Certification –July 2021 –Complete Model Room Construction –March 2022 –Complete Underground Utilities –In progress Storm Drain, Sewer, and Water Installation –In progress Site Logistics –In progress Area I Fire Road –May 2022 – Complete Building Construction –In progress Building Permits for Main Building and Spa –Issued Building Permits for Areas I & II  Guestrooms –Issued Completion –Summer 2023 Project Status Montage Hotel Vertical  Construction  Foundations –November 2021 –Complete Structural Steel Installation –In progress Pool Excavations – January 2022 –Complete Slab on Grade – December 2021 –Complete Framing –In progress Pool Plumbing, Rebar, and Gunite –April 2022 –Complete Montage Spa Vertical  Construction  Foundations –November 2021 –Complete Structural Steel Installation –February 2022 –Complete Slab on Grade – December 2021 –Complete Framing –In progress Site Walls –In progress 13 14 May 3, 2022 8 Project Status Montage Guestrooms Area I Footing Excavation –November 2021 – Complete Underground Plumbing and Electrical –April 2022 –Complete Foundation Installation –In progress WRB Installation –In progress Slab on Grade –In progress Presidential Pools and Spas Excavation, Plumbing, and Gunite – November/December 2021 – Complete Montage Guestrooms Area II Footing Excavation –February 2022 –Complete Underground Plumbing and Electrical –In progress Foundation Installation –In progress WRB Installation –In progress Slab on Grade –In progress Montage Guestrooms Area III Footing Excavation –In progress Underground Plumbing Trenching –In progress Progress Photo –Montage Hotel and Spa and Site 15 16 May 3, 2022 9 Progress Photo –Montage Fire Road  Installation Progress Photo –Montage Spa Framing 17 18 May 3, 2022 10 Progress Photo –Montage Guestrooms Progress Photo –Montage Guestrooms Slab Pour 19 20 May 3, 2022 11 Project Status Overview Montage Residences  Underground Utilities – September 2021 ‐June 2022 – In progress Permits – Issued Storm drain materials – Delivered CVWD approval – Complete  Sewer Installation – Complete Temporary  Power –September 2021 –Installed Cart Path Relocation –October 2021 –Complete Building Construction –September 2021  Permits – Issued Subcontract issuance –In progress  Construction –In progress Curb & Gutter Construction –May 2022 –In progress Asphalt Road Installation –June 2022  Completion Phase 1 –November 2022 Project Status Montage Residences Construction Site Utilities Sewer Mainline –April 2022 –Complete Phase 1 [Lots 6‐8, 22‐26] Under‐Slab Electrical Conduit and Plumbing  Installation –December 2021 – Complete  Footing Excavation –December 2021 – Complete Foundations and Slab on Grade – January 2022 – Complete Framing –In progress HVAC –In progress Rough Plumbing –In progress Fireplace Rough In –In progress Lot 6 & 7 Pool Excavation, Plumbing, and Gunite – April 2022 – Complete 21 22 May 3, 2022 12 Progress Photo –Montage Residences Lots 22 ‐25 Progress Photo –Montage Residences Lots 6‐8 23 24 May 3, 2022 13 Progress Photo –Montage Residences MEP Rough‐In Progress Photo –Montage Residences Pool Installation 25 26 May 3, 2022 14 Progress Photo –Montage Residences Sewer Mainline Montage Residences artist rendering– subject to change 27 28 May 3, 2022 15 Montage Residences artist rendering– subject to change Montage Residences artist rendering– subject to change 29 30 May 3, 2022 16 Montage Residences artist rendering– subject to change Montage Residences artist rendering– subject to change 31 32 May 3, 2022 17 Montage Residences artist rendering– subject to change Project Status Overview Conference and Shared Services Building  Mylars for Precise Grading Plan –Approved Site Watering –July 2021 –Complete Grading & Pad Certification –September 2021 –Complete Executed GMP Contract with GC – September 2021 –Complete Building Construction –October 2021 Permits –October 2021 – Issued  Completion –Summer 2023 33 34 May 3, 2022 18 Project Status Conference Center Construction Site Utilities  Domestic Water – January 2022 – Complete Sewer – January 2022 – Complete Primary Storm – February 2022 – Complete Secondary Storm –In Progress Fire Water –April 2022 – Complete Project Status Conference Center Building Construction Shared Services Underground Electrical –November 2021 –Complete Underground Plumbing – December 2021 –Complete Foundation Excavation – January 2022 –Complete Foundation and Slab –In progress Structural Steel Installation –In progress Framing –In progress CMU –In progress Loading Dock –In progress Conference Center Underground Electrical –November 2021 –Complete Underground Plumbing – January 2022 –Complete Foundation Excavation – January 2022 –Complete Foundation and Slab –March 2022 –Complete Structural Steel Installation –In progress Framing –In progress Meeting Center Underground Electrical –November 2021 –Complete Underground Plumbing – December 2021 –Complete Foundation Excavation –In progress 35 36 May 3, 2022 19 Progress Photo – Secondary Storm Line Progress Photo –Conference Center Truss  Installation 37 38 May 3, 2022 20 Progress Photo –Conference Center Truss  Installation Project Status Overview Golf Clubhouse Mylars for Precise Grading Plan –Approved Site Watering  –July 2021 –Complete Grading & Pad Certification –September 2021 –Complete Executed GMP Contract with GC – September 2021 –Complete Building Construction –October 2021 –In progress Permit –October 2021 – Issued  Completion –October 2022  39 40 May 3, 2022 21 Project Status Golf Clubhouse Construction Site Utilities –In progress Electrical and Plumbing Installation –November 2021 –Complete Foundations and Slab on Grade – December 2021 –Complete  Structural Steel Installation – December 2021 –Complete Framing –February 2022 –Complete Electrical and Plumbing Rough‐In –In Progress Waterproofing –In Progress Insulation –In Progress Roofing –In Progress Progress Image –Golf Clubhouse 41 42 May 3, 2022 22 Progress Image –Golf Clubhouse MEP Rough In Progress Image –Golf Clubhouse MEP Rough In 43 44 May 3, 2022 23 Project Status Overview Pendry Residences Final Map Approval –May 2022 –In progress Final Map Recordation –June 2022 Site Watering –August 2021 –Complete Mylars for Precise Grading Plan Approval –In progress Grading & Pad Certification –October 2021 –Complete Underground Utilities –Second Quarter 2022 Phase 1 Building Permits –Second Quarter 2022 Phase 1 Building Construction –Second Quarter 2022  Phase 1 Completion –Second Quarter 2023  Pendry Residences artist rendering– subject to change 45 46 May 3, 2022 24 Pendry Residences artist rendering– subject to change Project Status Overview Pendry Hotel Mylars for Precise Grading Plan –November 2021 –Complete  and approved Site Watering  –July 2021 –Complete Grading & Pad Certification–October 2021 –Complete Building Permit –September 2022  Building Construction –September 2022  Completion –July 2024 47 48 May 3, 2022 25 Thank youThank you 49 50 May 3, 2022 26 City Council Meeting May 3, 2022 P2 – La Quinta Arts Celebration 51 52 May 3, 2022 27 City Council Meeting May 3, 2022 B1 – Approve Design of Gold Star Family Monument 53 54 May 3, 2022 28 Background •Gold Star Families are families of military members who lost their lives in the line of duty •January 2022, an RFP was distributed to City’s Pre-Qualified Artists •Three submissions received and reviewed by Community Services Commission 1st Recommendation •Artist: Cassandra Burgess •Estimated Budget: –$71,000.00 55 56 May 3, 2022 29 2nd Recommendation •Artist: CJ Rench •Estimated Budget: –$48,000.00 3rd Recommendation •Artist: Aragorn •Estimated Budget: –$65,000-$75,000 57 58 May 3, 2022 30 Location Questions? 59 60 May 3, 2022 31 City Council Meeting May 3, 2022 B2 – Approve Agreement with IN-SITE for Fritz Burns Park Improvements Master Planning Services 61 62 May 3, 2022 32 Background Additional park amenities identified as priority at 2022 Community Workshop Funding included in FY 2021/22 CIP for Master Planning RFP issued January 2022 63 64 May 3, 2022 33 Existing Park Amenities •Swimming pool •Children's play area •Picnic tables & benches •Men’s and women’s restrooms •6 tennis courts •8 pickle ball courts •Water feature •Skate park •Dog park •Parking lot and off-street parking Proposed Park Amenities •Keep all existing amenities •Pickle ball courts •Parking •Shade and misting •Spectator/participant seating •Pedestrian lighting •Updated and increased bathrooms •Fencing •A splash fountain •Trash collection location for larger events 65 66 May 3, 2022 34 67 68 May 3, 2022 35 Prioritized Master Plan Scope •Community outreach to determine priorities •Possible integration of tear drop property north of the park •Locations of additional park amenities •Relocation of existing park amenities •Construction estimates for each phase and option •Present options and phasing to Council and Community Services Commission 69 70 May 3, 2022 36 Project Funding •Project 2021-02 Funding in CIP •FY 2021/22: $350K Measure G •Proposed FY 2022/23: $500K Parks & Rec DIF •Proposed FY 2023/24: $2M Measure G 71 72 May 3, 2022 37 Proposed Project Budget BUDGET Master Planning $79,375 Engineering/Design $200,000 Professional 150,000 Construction $2,000,000 Inspection/Testing/Survey $160,000 Contingency $260,625 TOTAL $2,850,000 Questions? 73 74 May 3, 2022 38 City Council Meeting May 3, 2022 B3 – Cooperative Agreement with City of Indio 75 76 May 3, 2022 39 Overview •Shared projects with City of Indio: –Avenue 50 Widening Improvements –Jefferson Street and Highway 111 Intersection Improvements –Jefferson Street Slurry Improvements Avenue 50 Widening •Improvements between Jefferson Street and Madison Street •Funding appropriation requested with FY22/23 and FY23/24 CIP ($571,613) •Widen corridor to modified ultimate condition –Two lanes in each direction –Bike lanes on each side –Sidewalk on north side of Avenue 50 –Multi-Use DG trail/path on southside of Avenue 50 –Improved drainage system 77 78 May 3, 2022 40 Avenue 50 Widening Project Area Jefferson/Highway 111 Intersection •Improvements located at intersection of Jefferson Street and Highway 111 •Funding appropriation will be requested with FY22/23 CIP ($487,000) •Proposed improvements: –Rehabilitating existing asphalt concrete –Re-grading intersection to improve drainage and drivability 79 80 May 3, 2022 41 Jefferson/Highway 111 Intersection Jefferson Street Slurry •Improvements located between Avenue 50 and northern limits near Dunbar Drive •Request funding appropriation of $594,000 (includes 10% contingency) •Proposed improvements include: –REAS slurry of approximately 785,000 SF –Crack fill –Striping to include buffered bike lanes –Small asphalt repairs 81 82 May 3, 2022 42 Jefferson Street SlurryJM0 Jefferson Street Slurry 83 84 May 3, 2022 43 Fiscal Impact •Avenue 50 Widening (2022-05): •Proposed FY 2022/23 $100,000 of DIF Transportation funds for Design •Proposed FY 2023/24 $471,613 of SB1 funds for Construction •Jefferson/Highway 111 Pavement (2022-07): •Proposed FY 2022/23 $487,000 of Measure A funds •Jefferson Street Slurry (2021-17): •Request $594,000 of General Funds •Budget includes a 10% contingency Questions? 85 86 May 3, 2022 44 City Council Meeting May 3, 2022 S1 – STVR Program 2021 Update 87 88 May 3, 2022 45 •Characteristics •Compliance status •Taxes, Fess, & STVR Program Costs STVR Program 2021 & Q-1-2022 Overview •Moratorium – Aug. 4, 2020 to Jun. 1, 2021 via Executive Order No. 10 & succeeding amendments •Permanent Ban – May 20, 2021 – LQMC Section 3.25.055 •No new permits have been issued outside of exempt areas since August 4, 2020 •Existing permits can be renewed, but not transferred Background 89 90 May 3, 2022 46 1,161 Active STVR Permits – March 2022 Active STVR Permits Decline Since Jan. 2021 91 92 May 3, 2022 47 Active Permits & Density in Permit Ban Areas Declined = 21.6% since Jan. 2021 STVR Density – Permit Ban Areas Figure 4 shows that density in Permit Ban areas collectively decreased from 9.14% to 7.2% since Jan. 2021 9.14%8.81%8.55%8.36%8.25%8.04%7.75%7.69%7.63%7.62%7.58%7.4%7.3%7.3%7.2% JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21 NOV‐21 DEC‐21 JAN‐22 FEB‐22 MAR‐22 Density in STVR Banned Areas Jan. 2021 - Mar. 2022 STVR Permit Ban Areas 93 94 May 3, 2022 48 STVR Density – Permit Ban Areas 5.3%5.1%4.8%4.6% 4.6%4.5%4.4%4.4% 4.4% 4.4% 4.4% 4.4% 4.4% 4.4%4.3% 13.7% 13.2%12.9% 12.9%12.7%12.4% 11.9% 11.9%11.8%11.9% 11.9%11.5% 11.5% 10.9%10.7% 6.2%6.0%5.9%5.7%5.7%5.6%5.5%5.5%5.5% 5.5%5.4%5.3% 5.3% 5.3%5.2% 15.4% 14.9% 14.4%14.1%13.8%13.4% 12.6%12.5%12.3%12.2%12.2% 11.6%11.5%11.5%11.4% 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% 14.0% 16.0% JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21 NOV‐21 DEC‐21 JAN‐22 FEB‐22 MAR‐22 Density in STVR Banned Areas North La Quinta Mid La Quinta The Cove South La Quinta (PGA West) Exempt Areas 95 96 May 3, 2022 49 Compliance Overview Since Jan. 2021 STVR Program: Compliance: 1) Permitting & Licensing; 1) Managing complaints; 2) Tax collection; 2) Conducting investigations 3) Compliance 3) Enforcement Code updates – Jan. 15, 2021 – enhanced regulations, enforcement, and fines STVR Complaints Citywide 2021-2022 - Citywide complaints peaked at 348 in Q-2 of 2021 & steadily declined by 79.59% to 71 complaints in Q-1 of 2022 97 98 May 3, 2022 50 STVR Complaints Citywide 2021-2022 - Unpermitted complaints are the relative majority in 2nd half of 2021 and in Q-1 of 2022 STVR Enforcement Citywide 2021-2022 - Citation peaked at 86 in Q-2 of 2021 & steadily declined by 79.1% to a total of 18 in Q-1 of 2022 - Relative majority of citations – 64.4% collectively in 2021 & Q-1- 2022 were issued to unpermitted properties 99 100 May 3, 2022 51 Compliance Activities •Disturbance – due to noise, generally caused by large events or gatherings, children running/ screaming/laughing, popping balloons, construction, slamming doors; excessive parking, bright lights, trash, unmaintained yard, etc. •Administrative – operating/advertising without STVR permit or business license, failure to display permit on listing, incorrect or missing occupancy limit advertised, failure to report TOT, etc. STVR Enforcement Citywide 2021-2022 - 67.5% of all 2021 & 2022 citations were issued for administrative matters (primarily for operating/advertising without STVR permit) 101 102 May 3, 2022 52 STVR Taxes, Fees, & Program Costs •Despite declining STVR permits, TOT revenues continued to increase in 2021 •Citation fine collections spiked in 2020-21 in correlation with enhanced enforcement, but are declining in 2022 as overall compliance has increased •Permit/licensing fees are projected to be sufficient to cover STVR program operational costs in 2022 STVR Revenue Summary: January - December Revenue Type 2019 2020 2021 Transient Occupancy Tax Revenue (TOT) $ 3,793,699 $ 4,513,085 $ 5,921,344 *Citation Fine Collections: $ 65,450 $ 329,575 $ 431,883 STVR Permit Fee $ 200,542 $ 307,781 $ 758,780 STVR Permit Inspection Fee $ 25,025 $ 9,425 $ 1,950 STVR Permit Business License Fee (estimated)$ 52,000 $ 55,000 $ 50,000 Total STVR Permits/Licensing Fees : $ 277,567 $ 372,206 $ 810,730 Total Annual STVR Revenues: $ 4,136,716.43 $ 5,214,865.58 $ 7,163,956.94 *Citation Fine Collections revenue list collections current as of 1/25/2022 TOT Revenues – July 2021 – March 2022 •Permit Ban areas generate on average 80% of STVR TOT revenues = $3,537,800 •Exempt Areas generate on average 20% of STVR TOT revenues = $954,393 103 104 May 3, 2022 53 QUESTIONS Classified 105 106 May 3, 2022 54 City Council Meeting May 3, 202 S2 – Public Safety Camera System Phase 1 and 2 Background •March 2021: Policies and procedures passed •August 2021: Public Safety Camera System (PSCS) Phase 1 work completed •September 2021: Camera system live •March 2022: PSCS Phase 2 voted #3 priority at Community Workshop 107 108 May 3, 2022 55 Fiscal Impact •Phase 2 funding proposed in FY 2022/23 CIP •Estimated project cost is $1,797,000 Phase 1 Observations •Effective special event management •Useful in accident investigation •Unable to read license plates at night or poor light conditions •Need for more strategic locations at parks •New facilities - La Quinta X-Park 109 110 May 3, 2022 56 Phase 1 Results •27 Citizen public records requests •No businesses have opted out •City of Indian Wells has opted in •Quality of non-fibered cameras Special Events Managed •2 Tennis Tournaments •2 Art Celebration Events •Ironman 2021 •Coachella & Stagecoach 2022 111 112 May 3, 2022 57 Accident Investigation La Quinta Police Summary •Traffic Collision Investigations •Investigative Leads •Deputy Use •Department-wide training in progress 113 114 May 3, 2022 58 License plate at night Automatic License Plate Reading (ALPR) Access •Cameras at City entry and exit points –22 Cameras proposed •Assist in investigations •ALPR database access 115 116 May 3, 2022 59 Next Steps •Phase 2 project funding FY 2022/23 CIP •Obtain Integrator contract and bids •Modify PSCS Policies and procedures SB34 •Continue community outreach and public access opportunities •Install Phase 2 camera system Questions? 117 118 HAND OUTS CITY COUNCIL MEETING MAY 3, 2022 May 3, 2022 Linda Evans – Mayor Robert Radi – Mayor Pro Tem Jon McMillen – City Manager Chris Escobedo – Community Resources Director John Pena – City Council Kathleen Fitzpatrick – City Council Steve Sanchez – City Council City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Dear Madame Mayor, Council Members, City Manager, and City Staff, The third time was a charm! SCOPE Events, LLC is incredibly proud of the signature La Quinta Art Celebration event that was held March 3-6, 2022. This was the third show SCOPE Events has produced for the City of La Quinta, and it was every bit as much fun as the previous shows. Although “fun” alone will not sustain the event, it is what keeps us looking forward to the next one. Fortunately, there are many other reasons to consider the event a winner, and we refer to them herein as our Keys to Success. Keys to Success City Support Obviously, this event would not even happen without the support of the City of La Quinta, support that goes well beyond instrumental things like permits and access to a beautiful venue. It is the individuals who make up the community and who contribute their hearts and souls to making it an even better place to live and visit with each passing year. Scope Events strongly believes that events like the La Quinta Art Celebration contribute positively to the community and are honored to be a part of it. For SCOPE Events, the March 2022 Celebration will always stand out as the event which proved the strength of the partnership with the City of La Quinta. Our staff worked Photo: Fence banners catch the public’s eye CITY COUNCIL MEETING - MAY 3, 2022 - HAND-OUT BY CITY STAFF PRESENTATION NO. 2 - LA QUINTA ART CELEBRATION - MARCH 2022 EVENT SUMMARY seamlessly in partnership with the City Manager, Parks & Landscape Manager, and City Council throughout the weekend to monitor the weather. Beginning when we got word at 4:15 am that the wind played havoc throughout the park and throughout Saturday we continued to share information and images of the destruction so that everyone was informed of the status. When we learned through satellite weather reports that Sunday would once again have sunny La Quinta weather the City Marketing Manager took a proactive stance on social media and called the radio station. SCOPE Events contacted local television stations who quickly supported us with news alerts. Scope Events updated our website as well as our social media platforms. On early Sunday morning, the Parks & Landscape Manager had city grounds crew on site to work with our grounds crew on cleaning the park. Even the lake was cleared of all ruble. The park was once again gorgeous when the gates opened at 10 am. Best of all, the community showed up on Sunday with the highest attendance ever for one day in the event history. Community Outreach & Marketing Campaign - The marketing campaign for the March 2022 show was to expand our marketing efforts beyond the Coachella Valley and Southern California to the western states through sponsorship with Southwest Art Magazine and utilizing ads from the city marketing budget for Modern Luxury Magazine San Francisco and Orange County issues, 425 Seattle Magazine and So Cal Life Magazine. However, the focus on the Coachella Valley itself was not ignored and had concentrated television, radio marketing buys as well as print, direct mail, billboards and social media. We had a lot of positive feedback about the intense radio campaign during drive time, the number of television commercials during the key news hours and the vivid digital billboard ads visible to all tourists as they walked from the aircraft to baggage claim at PSP airport. SCOPE Events continues to stress the importance of community and working together. We are cultivating relationships with Old Town Artisan Studios, Art on Main, La Quinta Museum and Coachella Valley Art Center by offering them complimentary ads in the event program so they can promote their business, and in turn, they hand out our marketing collateral. When our coffee makers were unable to be delivered to Artist Registration, Wells Marvin provided complimentary coffee cards at Old Town Coffee for all of the artists and volunteers. We also heard that patrons unaware that the Saturday show had cancelled, went to Old Town La Quinta instead and flocked to the merchants and restaurants there providing them with solid Saturday sales. We are confident that our efforts to continue to strive for partnerships will be mutually beneficial for all of us as they gain trust with our company. Photo of Civic Purchase Award Winner: Josh Hirt CITY COUNCIL MEETING - MAY 3, 2022 - HAND-OUT BY CITY STAFF PRESENTATION NO. 2 - LA QUINTA ART CELEBRATION - MARCH 2022 EVENT SUMMARY Upscale Food and Beverages – SCOPE Events continues to be very pleased with the quality food and beverages provided by Best Beverage Catering (BBC). They continue to fine tune the selection of food and drink available to both the artists and patrons. We especially appreciated BBC’s attention to food and bar esthetics which aimed to adorn the already beautiful setting and the amazing art. Another rest stop was added this year at Gate 5 called The Palm Bar which was appreciated by our older patrons. Volunteers - This March SCOPE Events had a total of 125 Volunteers of which 19 serve as Volunteer Captains. These Captains are vital to our success. They are dedicated to managing their teams and are instrumental in building our volunteer base. What makes this exceptional volunteer base unique compared to other organizations is their commitment to the event. They rarely if ever cancel and if they do it is only because of a family emergency or illness. They never no-show. Tools for Tomorrow – SCOPE Events continues to support Tools for Tomorrow, an organization whose mission could not be more appropriate as a partner to the LQAC. Tools for Tomorrow works to “Reach, Teach, and Inspire Children through the ARTS” and we could not be happier to support them. We hope to see some of these young talents selling their art at the LQAC sometime soon. In addition to a monetary contribution, Scope Events also agreed to host a luncheon for Tools for Tomorrow volunteers as a way to recognize their contributions and to further the relationship between our two organizations. We are waiting for them to set the date. COVID-19 – Scope Events was prepared to conduct temperature checks and implement other required pandemic related precautions. Riverside County loosened restrictions and procedures prior to the show, and we think it contributed to the willingness of the public to attend such an event and minimized bottlenecks at the entrance. Because it is an outdoor event, we believe the risk was always minimal but we want to be a community partner in public health. Wi-Fi – As with the two prior signature Celebrations, Scope Events provided a dedicated Wi-Fi network for artists so sales could be conducted electronically. Road Wi-Fi was again chosen to design and implement the network and, based upon the lack of connectivity issues and positive feedback from the artists, we believe their product was one of our Keys to Success. Photo: Debby and volunteers CITY COUNCIL MEETING - MAY 3, 2022 - HAND-OUT BY CITY STAFF PRESENTATION NO. 2 - LA QUINTA ART CELEBRATION - MARCH 2022 EVENT SUMMARY Wind and Weather - Wind forced the closing of the LQAC on Saturday to assure public safety. Our artist and public communication regarding the event closure was decisive, informative and easy to access. Some booths and art pieces were damaged and it was devastating to see. What happened next was the triumph of community spirit. Artists supported each other and literally helped rebuild exhibit spaces. They helped each other with spare parts, re-staked tents, showed compassion and gave strength to their peers. By the time the gates opened on a sunny Sunday morning, the staff, volunteers, and artists had recreated the space. Patrons were lined up and in awe that a few stray bougainvillea leaves were the only visible reminders of the wind that tore through the day and night before. One of the silver linings of the wind storm was that our artists were able to get out their booths and explore the La Quinta and the Coachella Valley - a first for many although they had been coming to the show in prior years. They hiked in La Quinta, toured El Paseo and went to the movies. The artists made lemonade out of lemons and enjoyed a day to relax and explore; while we at Scope Events stayed connected to City officials and weather information to assure safety and effectively communicate to the artists and public. Artist Awards Ceremony and Reception - Several local restaurants comprised of Fresh Agave Mexican Restaurant, Stuft Pizza Bar & Grill, Bristol Farms, Rd RNNR, Tack Room Tavern, Augustine Casino, La Cantina, Costco Bakery and DJ’s Louisiana Kitchen provided their delicious foods and we announced the art award winners. Several artists let us know how special this event is and how different it is from other shows they participate in. For example their assistants are invited with no charge to the artists. Also after a long first day at the event, this desert casual affaire where one can be barefoot or in flip-flops is much appreciated. Artist spend time getting to know one another while sampling the offerings of the La Quinta establishments. This event builds comradery and community. Photo of destroyed artist booth Photo of Artist Award Reception CITY COUNCIL MEETING - MAY 3, 2022 - HAND-OUT BY CITY STAFF PRESENTATION NO. 2 - LA QUINTA ART CELEBRATION - MARCH 2022 EVENT SUMMARY Social Media and Website Development – We continue to work with PurplePass to examine ticket sale and web traffic data. The breadth of data they have available is astounding and can be used to customize our social media and web marketing for the event. For example, we analyze counts of single day vs multi-day passes, numbers of tickets purchased at the gate vs the on the web, and the geographic locations of those buying tickets online. These data are integral to our marketing strategies, but of little value for the City, so we have spared most of the details. The table below shows the top referrers to the event website, LaQuintaArtCelebration.org. Top Traffic Sources for LaQuintaArtCelebration.org Traffic Category Traffic Source Site Sessions Page Views Unique Visitors Organic Search Google 13,805 36,089 9,168 Direct Direct (Laquintaartcelebration.org) 8,478 19,283 5,808 Social Facebook 4,436 8,869 3,733 Organic Search Bing 890 2,586 628 Organic Search Yahoo 931 2,493 597 Referral discoverpalmdesert.com 532 1,524 373 Organic Search DuckDuckGo 462 1,299 312 Referral festhund.com 361 1,070 262 Social Instagram 216 554 172 Attendance – The total ticket sales were higher than the two previous La Quinta Art Celebrations. More ticket sales likely will likely result in more art sales which makes everyone happy. 3731 3781 0 6756 0 1000 2000 3000 4000 5000 6000 7000 8000 March 3, 2022 March 4, 2022 March 5, 2022 March 6, 2022 March 2022 LQAC Attendance by Day (Total = 14,268) CITY COUNCIL MEETING - MAY 3, 2022 - HAND-OUT BY CITY STAFF PRESENTATION NO. 2 - LA QUINTA ART CELEBRATION - MARCH 2022 EVENT SUMMARY Art Sales: Artist Feedback- As usual, SCOPE Events, encourages participating artists to review the show using the independent publication, Greg Lawler’s Art Fair SourceBook. Artists use this resource to decide which shows to attend and to set their expectations based upon 0% 10% 20% 30% 40% 50% Thursday, March 3, 2022 Friday, March 4, 2022 Saturday, March 5, 2022 Sunday, March 6, 202225%25%0%50%26%25%0%49%LQAC March 2022 Attenndance and Sales by Day Percent of Total Attendance Percent of Total Sales CITY COUNCIL MEETING - MAY 3, 2022 - HAND-OUT BY CITY STAFF PRESENTATION NO. 2 - LA QUINTA ART CELEBRATION - MARCH 2022 EVENT SUMMARY previous experiences of other artists. We utilize the data they collect to improve the show. Because the feedback is anonymous, it is a gold standard for impartial information and an invaluable resource for us, as producers, to listen-in on the conversation about our show among the participating artists. Below are March 2022 data for two metrics that we track as outcomes for the show: 73.7% of responding artists (N=19) indicated that the Spring 2022 LQAC sales were higher than their average show sales. 90% of responding artists (N=20) indicated that they would return to the show. Summary: Based upon attendance, sales, and fun, SCOPE Events considers the March, 2022 La Quinta Art Celebration to have been another huge success. It was a fantastic follow-up to the November Encore show and, successfully generated sales for our artists. With each passing event, we gather more data and use them to enhance the Celebration experience for artists, patrons, and volunteers alike. Once again, thank you for designating SCOPE Events, LLC as your promotor. We hope we made the city as proud as we are of the events we produce. Sincerely, Paul A. Anderson, CEO Kathleen Hughes, Event Director Photo of Kathleen Hughes and Paul Anderson CITY COUNCIL MEETING - MAY 3, 2022 - HAND-OUT BY CITY STAFF PRESENTATION NO. 2 - LA QUINTA ART CELEBRATION - MARCH 2022 EVENT SUMMARY CITY COUNCIL MEETING - MAY 3, 2022 - HAND OUT BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - SURF PRO CUT CITY COUNCIL MEETING - MAY 3, 2022 - HAND OUT BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - SURF PRO CUT CITY COUNCIL MEETING - MAY 3, 2022 - HAND OUT BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - SURF PRO CUT WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING MAY 3, 2022 Rules of Procedure Resolution No. 2015- 023 as applied to Planning Commission Meeting April 26, 2022 Alena Callimanis La Quinta Residents for Responsible Development La Quinta CITY COUNCIL MEETING - MAY 3, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - RULES OF PROCEDURE La Quinta Resolution No. 2015-023 •La Quinta Resolution No. 2015-023, as Amended and Restated Rules of Procedure, is applicable to City Council and all City Commissions. •In section 4, Rules, Decorum and Order, subsection (d), it is explicitly stated that “Councilmembers shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities”. CITY COUNCIL MEETING - MAY 3, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - RULES OF PROCEDURE Regarding Planning Commissioner Kevin McCune’s Conduct during the April 26, 2022 Planning Commission Meeting •You have received the letter from the La Quinta Residents for Responsible Development, LQRRD, dated May 3, 2022 regarding Commission McCune’s behavior during the April 26, 2022 Planning Commission Meeting •Commissioner McCune used inflammatory rhetoric, made derogatory comments about not only public comments but also about fellow Planning Commissioners’ comments that were opposed to the project •Commissioner McCune demonstrated a lack of respect regarding the public comments against the project. He was critical of the people who commented as well as the comments themselves. •And all the while he was pounding on the table to emphasize his comments CITY COUNCIL MEETING - MAY 3, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - RULES OF PROCEDURE Please ask for Commissioner McCune’s Resignation and set aside the vote •We came here today to address Commissioner McCune’s violation of Section 4 and ask you to please consider our request to have him resign from the Planning Commission •This type of behavior and comments that were observed and are on record have no place in the City of La Quinta proceedings •Thank you for your consideration CITY COUNCIL MEETING - MAY 3, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - RULES OF PROCEDURE Please don’t label us “Cancel Culture” •As you can see, we are not commenting on the other Commissioners who voted to support the Coral Mountain Project •We are just addressing the deplorable nature of Commissioner McCune’s comments, which have no place in La Quinta City government CITY COUNCIL MEETING - MAY 3, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - RULES OF PROCEDURE La Quinta Residents for Responsible Development P.O. Box 2004 La Quinta, CA 92247-2004 lqresidentsstopthewave@gmail.com Delivered by hand and by email May 3, 2022 Honorable Mayor Evans, Mayor Pro Tem Fitzpatrick, Council Members, City Staff and City Attorney Ihrke, Planning Commissioner Kevin McCune violated La Quinta Resolution No. 2015-023, Amended and Restated Rules of Procedure, which is applicable to City Commissions, at the April 26, 2022 Planning Commission Meeting. S ection 4, Rules, Decorum and Order, subsection (d), states that “Councilmembers shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities”. Thus, La Quinta Residents for Responsible Development, LQRRD, are respectfully requesting that you immediately ask for the resignation of Planning Commissioner McCune. During deliberations, Commissioner McCune said while pounding the table, “If a private owner wants to develop a gated, walled community by his own money, who am I to say no”. His role was to determine if a development should move forward. However, his statement showed Commissioner McCune believes his role is to rubber stamp all developer applications. CITY COUNCIL MEETING - MAY 3, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - RULES OF PROCEDURE Furthermore, Commissioner McCune was disrespectful to the people who commented against the Project. “Most public comment is only here because it is against something. People don’t come here to support something in my history. So they will do anything they can to comment against something, even if it is redundant, off point, call it a circus, call it an amusement park, do whatever you want. He added, continuing to pound on the table, “People who are for the project are very quiet because they have to live in the same communities as those that don’t support the project, so you never hear from them”. However, there were many presentations from supporters as well as the opposition during public testimony on March 22, April 12 and April 26. The Commissioner labeled our comments as redundant and off point, although we have meticulously researched our presentations so they were based on scientific fact. His misconduct at the Planning Commission Meeting was deplorable and goes against the Ethic Code of La Quinta officials. Based on the inflammatory rhetoric by Commissioner McCune, we request you set aside the vote and redo it at a future Planning Commission meeting as well. The City’s Charter is a fundamental tenet of the City of La Quinta, its citizens and its leaders, to protect and maintain the public health, safety and welfare through self-governance at a local level. Its goals, policies and programs are those of the people of La Quinta and are not intended to facilitate the agenda of any outside group or foreign entity. Thank you for your urgent response to our request. This is respectfully submitted on behalf of the LQRRD. Alena Callimanis LQRRD Member CITY COUNCIL MEETING - MAY 3, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - RULES OF PROCEDURE 1 From:chuck Parker Sent:Tuesday, May 3, 2022 2:17 PM To:Monika Radeva; jcmcmillen@laquintaca.gov; Linda Evans; John Pena; Kathleen Fitzpatrick; Steve Sanchez; Robert Radi Subject:Written Public Comment May 3, 2022 Attachments:SALTON SEA REDUCE GREENHOUSE GAS RESOLUTION.docx; WHY DO WE NEED NEW SALTON SEA RESOLUTIONS FROM COACHELLA VALLEY CITY COUNCILS.docx  EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening  attachments, clicking links or responding to requests for information.    I am unable to attend today's city council meeting, but I would like to submit these written comments. I am Chuck Parker of the Salton Sea Coalition. I prepared a packet of information related to a new Salton Sea Resolution that we are requesting you to review, and hopefully put on a future agenda for a vote. I would like to submit two additional documents to supplement the packet. The first is the proposed resolution titleD SALTON SEA REDUCE GREENHOUSE GAS RESOLUTION. The working is the same, I have just reversed the positions of the first and third paragraphs. The second is titled: WHY DO WE NEED NEW SALTON SEA RESOLUTIONS FROM COACHELLA VALLEY CITY COUNCILS? Since the resolution is asking the two planning committees of the Salton Sea Managent Plan to take action to evaluate greenhouse gas emissions, I thought you deserve more background on those committees and what they are supposed to do. I plan to attend your next meeting. Thank you, Chuck Parker, CITY COUNCIL MEETING - MAY 3, 2022 - WRITTEN COMMENTS BY RESIDENT CHUCK PARKER MATTERS NOT ON THE AGENDA - SALTON SEA - REDUCING GREENHOUSE GAS RESOLUTION WHY DO WE NEED NEW SALTON SEA RESOLUTIONS FROM COACHELLA VALLEY CITY COUNCILS? The Salton Sea Coalition thinks it is critical that the Ocean Water Independent Review Panel, and the Long Range Planning Committee hear from the cities of the Coachella Valley one more time before they make their decisions about the future of the Salton Sea. We are concerned that the two committees might make hasty decisions which would result in expensive, counterproductive projects that will only make the environmental disaster at the Salton Sea worse not better. How are the two committees that are working on a long range plan organized? The Ocean Water Import Independent Review Panel consists of scientists selected by UC Santa Cruz in August 2021 to conduct a "comprehensive review of ocean water importation as part of the long range solution for the Salton Sea" that Coachella Valley cities called for in their resolutions in 2019 and 2020. The Long Range Planning Committee of the Salton Sea Management Plan is made up of state officials, agency officials, and a few representatives of the community. This committee is relying on Tetra Tech, a private engineering firm, to review plans that are left over from 15 years ago when the state refused to implement them because of the $9 billion dollar price tag. These plans do not include the importation of water, nor do they include any evaluation of potential greenhouse gas emissions. A lot has changed since 2006 when the first study on the Salton Sea recommended partial, so-called "in basin" plans such as the Perimeter Lake which avoided importing ocean water to restore the sea. We are in the midst of the worst drought on the Colorado River in 1200 years, and further cutbacks in water are a certainty making even those ill-advised plans unworkable. Only a plan relying on ocean water import offers the possibility of supplementing the Colorado River by desalinating large quantities of water. It is scientifically imperative to choose a long-term plan for the Salton Sea that takes greenhouse gas emissions into account. The planning committees have not explained the process or criteria for comparing the non-importation proposals with the ocean water importation proposals, nor have they stated that they would evaluate the potential greenhouse gas emissions of the various plans. Finally, there is no public hearing scheduled during the months between now and December to receive public comments. This is why it is vital that the cities submit their comments now in the form of resolutions. CITY COUNCIL MEETING - MAY 3, 2022 - WRITTEN COMMENTS BY RESIDENT CHUCK PARKER MATTERS NOT ON THE AGENDA - SALTON SEA - REDUCING GREENHOUSE GAS RESOLUTION SALTON SEA REDUCE GREENHOUSE GAS RESOLUTION    The Salton Sea Coalition respectfully requests that your city consider passing a new resolution: We Resolve: Our continued support of ocean water import to refill the  Salton Sea. This is the long‐range plan most likely to restore the  ecosystem, protect public health, support recreation and tourism,  contribute to a vigorous regional economy, and avoid ongoing releases  of greenhouse gases to the atmosphere.    We Resolve: The Long-Range Planning Committee of the Salton Sea Management Program must assess potential carbon emissions of all suggested long-range solutions to address the man-made problems of the Salton Sea. We Resolve: The Ocean Water Importation Independent Review Panel must consider potential carbon emissions when conducting the "comprehensive analysis of ocean water import," that was requested by our city in 2019 and 2020 resolutions. This analysis must include emissions from a drying lakebed and proposed shallow water bodies as well as construction related emissions.   CITY COUNCIL MEETING - MAY 3, 2022 - WRITTEN COMMENTS BY RESIDENT CHUCK PARKER MATTERS NOT ON THE AGENDA - SALTON SEA - REDUCING GREENHOUSE GAS RESOLUTION